DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited
(AG2017/2275)

FLIGHT ATTENDANTS’ ASSOCIATION OF AUSTRALIA- INTERNATIONAL DIVISION, QANTAS AIRWAYS LIMITED AND QF CABIN CREW AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2017 (EBA10)

Airline operations
COMMISSIONER LEE	MELBOURNE, 18 JULY 2017

Application for approval of the Flight Attendants’ Association of Australia - International Division, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2017 (EBA10).

[1] An application has been made for approval of an enterprise agreement known as the Flight Attendants’ Association of Australia - International Division, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2017 (EBA10) (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 Applicant 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] Subject to the undertakings referred to above, 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.

[4] The Flight Attendants’ Association of Australia and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2017. The nominal expiry date of the Agreement is 17 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Qantas Airways Limited and the Flight Attendants’ Association of Australia - International Division, along with QF Cabin Crew Australia Pty Limited. The dispute centred on the approval of the Enterprise Bargaining Agreement (EBA10) for 2017, which was contested by the parties involved. The case was heard in the Fair Work Commission (FWC).

The primary legal issues revolved around whether the EBA10 met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided fair and reasonable terms and conditions for the employees, ensured procedural fairness in its negotiation, and adhered to the relevant national employment standards. Additionally, the FWC considered if the agreement adequately covered the prescribed matters and if it had been genuinely negotiated.

In its decision, the FWC examined the evidence and submissions from both parties. The FWC found that the EBA10 was negotiated in good faith and included fair and reasonable terms. The commission highlighted that the agreement addressed all the prescribed matters and was procedurally fair. The FWC also confirmed that the agreement complied with national employment standards and was in the best interests of the employees. As a result, the FWC approved the EBA10 for 2017, providing it with legal effect.

The FWC's decision concluded with the approval of the EBA10, affirming its validity and applicability as a legally binding agreement between the parties. This outcome ensures that the terms and conditions set forth in the agreement are enforceable, providing stability and clarity for both employers and employees within the specified period.

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