DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qantas Airways Limited
(AG2016/70)

PROFESSIONAL ENGINEERS (QANTAS AIRWAYS LIMITED) ENTERPRISE AGREEMENT 10

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 2 FEBUARY 2016

Application for approval of the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 10.

[1] An application has been made for approval of an enterprise agreement known as the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 10(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 18 January 2016. The application included a Statutory Declaration of Nicolas Saunders made on behalf of the Employer and dated 18 January 2016 (the Declaration). The Declaration stated that the Agreement was made on 15 January 2016. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 2 February 2016. I note that the file has included a Statutory Declaration of Paul Davies made on behalf of The Association of Professional Engineers, Scientists and Managers, Australia (the APESMA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 39.

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

[7] The APESMA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the APESMA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 9 February 2016. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Qantas Airways Limited applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement was between Qantas and the Professional Engineers' Association of New South Wales, representing engineers employed by Qantas. The dispute centred on the terms of the proposed agreement, particularly those relating to the engineers' working conditions, pay, and other employment-related matters. The Fair Work Commission, with its authority under the Fair Work Act 2009, was tasked with deciding whether the agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the proposed agreement complied with the legislative criteria for an enterprise agreement and whether it provided for minimum terms and conditions of employment. The Commission had to consider if the agreement contained any terms that were not genuinely bargained between the parties, and whether the agreement met the requirements for good faith bargaining. Additionally, the Commission needed to ensure that the agreement did not discriminate against any group of employees and that it was not contrary to public policy.

The Fair Work Commission found that the proposed agreement was genuinely bargained and met the requirements for an enterprise agreement. The Commission confirmed that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy or that discriminated against any group of employees. After thorough examination, the Commission approved the agreement, finding it to be fair and balanced in its terms.

The Fair Work Commission approved the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 10, effective from the date of the Commission's decision. This approval signified that the agreement was in compliance with the Fair Work Act 2009 and met all necessary criteria for an enterprise agreement. The decision affirmed the rights and obligations of both Qantas and the Professional Engineers' Association of New South Wales under the approved agreement.

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