Qantas Airways Limited Summary

[2019] FWCA 6807

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited

(AG2019/3212)

Qantas Airways Limtied (AWU) Enterprise Agreement 11

Airline operations
Deputy President Colman	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Qantas Airways Limited (AWU) Enterprise Agreement 11

Qantas Airways Limited has made an application for approval of an enterprise agreement known as the Qantas Airways Limited (AWU) Enterprise Agreement 11 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia and the Australian Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by each of these organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 3 October 2019 and, in accordance with s 54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited sought approval for the Qantas Airways Limited (AWU) Enterprise Agreement 11, which detailed terms and conditions for employees represented by the Australian Workers' Union. The dispute arose as the Australian Industrial Relations Commission (AIRC) needed to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The AIRC was required to consider if the agreement was made in good faith, provided for a safety net of minimum terms, and met the 'better off overall test'.

The legal issues involved interpreting the statutory provisions of the Fair Work Act and applying them to the specific terms of the enterprise agreement. The AIRC needed to assess whether the agreement adequately protected the employees' rights, provided a fair and reasonable safety net, and whether it genuinely represented a better deal for employees compared to the existing industrial instruments. The AIRC also had to consider if the agreement complied with the procedural requirements, such as the need for genuine bargaining and the provision of necessary information to the union.

After examining the evidence and submissions from both parties, the AIRC found that the agreement met the statutory requirements. The AIRC concluded that the agreement was made in good faith and provided for a safety net that met the minimum standards. The commission also determined that the agreement passed the 'better off overall test', ensuring employees would not be worse off under the new terms. The AIRC approved the Qantas Airways Limited (AWU) Enterprise Agreement 11, highlighting its compliance with the necessary legal criteria. The final orders confirmed the approval and mandated the terms of the agreement to be implemented as per the AIRC's decision.

Qantas Airways Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established