DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited
(AG2018/5458)

QANTAS AIRWAYS LIMITED AND QCATERING LIMITED - TRANSPORT WORKERS AGREEMENT 2018

Airline operations
COMMISSIONER BISSETT	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2018 (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] 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.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Qantas Airways Limited applied for approval of the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The dispute primarily revolved around whether the agreement contained all necessary provisions and whether it complied with the relevant legislative standards for enterprise agreements.

The legal issues that the Commission needed to address included whether the agreement contained the necessary minimum terms and conditions as mandated by the Fair Work Act, and whether the agreement was genuinely negotiated and not imposed. Additionally, the Commission had to consider whether the agreement was free from any prohibited content, such as terms that unfairly discriminate against employees. The validity of the agreement also depended on whether it was certified by the Australian Building and Construction Commission as meeting the requirements for independent assessment.

In its decision, the Commission found that the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2018 was comprehensive and contained all the necessary minimum terms and conditions. The Commission concluded that the agreement was genuinely negotiated and did not include any discriminatory provisions. Furthermore, the agreement was deemed to be free from any prohibited content. Given these findings, the Commission approved the agreement, finding it to be compliant with the Fair Work Act and meeting all the necessary statutory requirements. The Commission's approval signifies that the agreement can now be implemented as a binding enterprise agreement between Qantas Airways Limited and QCatering Limited.

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