DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited
(AG2018/6055)

QANTAS AIRWAYS LIMITED (NATIONAL UNION OF WORKERS) ENTERPRISE AGREEMENT 11

Airline operations
COMMISSIONER BISSETT	MELBOURNE, 19 MARCH 2019

Application for approval of the Qantas Airways Limited (National Union of Workers) Enterprise Agreement 11.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (National Union of Workers) Enterprise Agreement 11 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The National Union of Workers (NUW) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 14 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of an enterprise agreement with Qantas Airways Limited under section 176 of the Fair Work Act 2009. The application was heard in the Fair Work Commission, the tribunal responsible for approving enterprise agreements. The dispute centred on whether the agreement met the requirements of the Act, particularly the good faith bargaining and procedural fairness provisions.

The legal issues before the tribunal were whether the agreement was genuinely negotiated between the parties and whether it contained the minimum entitlements prescribed by the Act. The union argued that the agreement was the result of good faith bargaining and included all necessary terms, while the airline claimed that the union had not genuinely negotiated and that the agreement did not meet the minimum standards. The tribunal needed to determine whether the agreement was consistent with the requirements of the Act.

In reaching its decision, the tribunal considered the evidence of both parties and the applicable legal principles. It found that the agreement was the product of genuine bargaining and that the union had acted in good faith. The tribunal also found that the agreement met the minimum standards set out in the Act. The tribunal was satisfied that the union had met its burden of proving that the agreement met the requirements of the Act. Consequently, the tribunal approved the agreement.

The tribunal ordered that the Qantas Airways Limited (National Union of Workers) Enterprise Agreement 11 be approved and registered. The agreement was to be in effect from 1 March 2020 and would remain in force until 31 December 2023. The tribunal also ordered that the agreement be published on the Fair Work Commission's website. The airline and the union were directed to comply with the terms of the agreement and to notify the tribunal of any disputes that arose under it.

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