DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited
(AG2016/7067)

FLIGHT ATTENDANTS’ ASSOCIATION OF AUSTRALIA - SHORT HAUL DIVISION (QANTAS AIRWAYS LIMITED) ENTERPRISE AGREEMENT 9

Airline operations
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Flight Attendants’ Association of Australia - Short Haul Division (Qantas Airways Limited) Enterprise Agreement 9.

[1] An application has been made for approval of an enterprise agreement known as the Flight Attendants’ Association of Australia - Short Haul Division (Qantas Airways Limited) Enterprise Agreement 9 (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 a bargaining representative 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 26 December 2016. The nominal expiry date of the Agreement is 31 December 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Qantas Airways Limited, seeking approval for an enterprise agreement with the Flight Attendants’ Association of Australia - Short Haul Division. The application was lodged with the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment, including hours of work, leave entitlements, and the overall fairness of the agreement.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act, particularly in relation to the "better off overall test" and whether it was free from any illegality or unfairness. The Commission had to examine if the agreement provided employees with conditions that were no worse than the applicable national system or modern awards, and whether it included appropriate provisions for employee representation and dispute resolution.

The Commission carefully reviewed the terms of the agreement, considering evidence from both parties. It concluded that the agreement met the statutory requirements and was fair and reasonable. The agreement provided for a comprehensive set of employment conditions, including provisions for additional leave and pay rates, which were deemed to be better than those available under the national system or awards. The Commission also found that the agreement included appropriate dispute resolution mechanisms and representation provisions, satisfying the legal standards set by the Act.

As a result, the Commission approved the Qantas Airways Limited - Flight Attendants’ Association of Australia - Short Haul Division Enterprise Agreement 9. This decision provided legal certainty to both the airline and its flight attendants, ensuring that the terms of their employment were governed by an agreement that met all necessary legal standards.

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