DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited
(AG2016/6527)

AUSTRALIAN SERVICES UNION (QANTAS AIRWAYS LIMITED) AGREEMENT 11

Airline operations
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Australian Services Union (Qantas Airways Limited) Agreement 11.

[1] An application has been made for approval of an enterprise agreement known as the Australian Services Union (Qantas Airways Limited) 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 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 Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Qantas Airways Limited, represented by its legal team, was before the Fair Work Commission to seek approval for the Australian Services Union (Qantas Airways Limited) Agreement 11. The dispute centred on the terms and conditions of employment for Qantas' employees as outlined in the proposed agreement. The Australian Services Union, acting on behalf of the employees, opposed certain aspects of the agreement, arguing that it did not adequately protect employee rights and conditions.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided for a fair and equitable balance between the rights and obligations of the employer and employees. The key contentions included the fairness of certain provisions regarding wages, working hours, and redundancy entitlements. The Commission had to ensure that the agreement met the "better off overall test" and did not disadvantage employees.

In delivering its decision, the Fair Work Commission examined each contested provision in detail, considering the evidence presented by both parties. The Commission found that while some aspects of the agreement could be improved, the overall balance of rights and obligations was fair. The Commission was satisfied that the agreement met the "better off overall test" and approved the Australian Services Union (Qantas Airways Limited) Agreement 11, subject to certain modifications to address the concerns raised by the Union. The modifications included adjustments to wage rates and additional protections for employee entitlements.

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