DECISION

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

Qantas Airways Limited
(AG2015/3475)

QANTAS AIRWAYS LIMITED PILOTS (LONG HAUL) ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 19 AUGUST 2015

Application for approval of the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2015(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 31 July 2015. The application included a Statutory Declaration of Edward Haggerty made on behalf of the Employer and dated 31 July 2015 (the Declaration). The Declaration stated that the Agreement was made on 30 July 2015. 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 19 August 2015. I note that the file has included a Statutory Declaration of Philip van den Heever made on behalf of the Australian and International Pilots’ Association (the AIPA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 10 and a consultation term at clause 9.

[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 AIPA, 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 AIPA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 26 August 2015. The nominal expiry date of the Agreement as specified in clause 1.4 of the Agreement, is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Qantas Airways Limited was the subject of an application for approval of the Qantas Airways Limited Pilots (Long Haul) Enterprise Agreement 2015. The dispute was between Qantas and the Australian and International Pilots Association (AIPA), representing the pilots. The application was heard by the Fair Work Commission (FWC), Australia’s independent industrial relations tribunal.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement satisfied the ‘independent’ and ‘good faith’ bargaining requirements. The FWC was required to consider if the agreement was made in good faith and whether it was genuinely independent of any party's influence. The FWC also examined whether the agreement met the provisions of the Fair Work Act concerning employee protections and entitlements.

The FWC found that the agreement was genuinely independent and made in good faith. The FWC noted that the negotiation process was transparent and that both parties had engaged in meaningful discussions. The FWC concluded that the agreement adequately protected the pilots' interests while also considering the needs of Qantas. After thorough consideration, the FWC approved the enterprise agreement, affirming that it complied with all relevant legal standards and was in the best interest of both parties.

Qantas Airways Limited

DECISION

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Legal Principle Established