DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qantas Airways Limited
(AG2020/993)

QANTAS AIRWAYS LIMITED PILOTS (LONG HAUL) ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER SPENCER	BRISBANE, 28 APRIL 2020

Application for approval of the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Airways Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Australian and International Pilots Association (AIPA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is four years from the date of approval, being 28 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Qantas Airways Limited, the Fair Work Commission was asked to approve the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for pilots working on long-haul flights for the airline. The key issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees and the employer.

The Commission examined various aspects of the agreement, including the provisions related to pay, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission had to determine if the proposed terms and conditions were fair and reasonable, taking into account the broader economic environment, the bargaining power of both parties, and the need for a balanced and sustainable agreement. The primary focus of the Commission's analysis was to ensure that the agreement provided a fair outcome for both Qantas Airways Limited and its pilots, while also considering the interests of the wider community.

After carefully considering the evidence and submissions from both parties, the Fair Work Commission found that the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2020 met the requirements of the Fair Work Act 2009 and was in the best interests of the employees and the employer. The Commission concluded that the proposed terms and conditions were fair and reasonable, taking into account the relevant factors outlined above. The Commission approved the agreement, subject to minor amendments to ensure compliance with specific provisions of the Fair Work Act 2009.

The Commission's decision to approve the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2020, subject to minor amendments, provides certainty for both Qantas Airways Limited and its pilots. The approved agreement will now govern the terms and conditions of employment for pilots working on long-haul flights for the airline. This outcome ensures that the parties have a fair and reasonable enterprise agreement in place, which is in the best interests of both the employees and the employer.

Qantas Airways Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established