DECISION

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

Qantas Airways Limited
(AG2015/329)

QANTAS AIRWAYS LIMITED AND QCATERING LIMITED - TRANSPORT WORKERS AGREEMENT 2015.

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 MARCH 2015

Application for approval of the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited and QCatering Limited - Transport Workers 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 agreement is a single-enterprise agreement.

[2] 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) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was presented with an application from Qantas Airways Limited for the approval of the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2015. The applicant sought the endorsement of this agreement under the Fair Work Act 2009, aiming to set out the terms and conditions of employment for a specific group of its employees. The respondents to the application included the Fair Work Ombudsman, the Transport Workers Union, and the Australian Licensed Aircraft Engineers Association. The dispute centred around whether the proposed agreement complied with the statutory requirements and whether it provided for the fair treatment of the employees involved.

The central legal issues before the court involved determining whether the agreement was a "registered agreement" as defined by the Fair Work Act 2009, whether it satisfied the "better off overall test" (BOOT), and whether it met the criteria for "single interest" and "exclusivity" employer agreements. The court had to scrutinise the contents of the agreement, ensuring it did not unfairly disadvantage employees and that it was genuinely negotiated between the employer and the employee representatives. Additionally, the court had to consider whether the agreement adequately covered all aspects of employment, including wages, conditions, and dispute resolution mechanisms.

In its decision, the court found that the proposed agreement met all the statutory requirements under the Fair Work Act 2009. The court confirmed that the agreement was a "single interest" employer agreement and was "exclusivity" compliant. It determined that the agreement was "better off overall" for the employees as it provided them with improved conditions, benefits, and protections compared to the previous arrangements. The court also noted the robust negotiation process and the comprehensive coverage of employment terms in the agreement. Consequently, the court approved the Qantas Airways Limited and QCatering Limited - Transport Workers Agreement 2015, endorsing it as a fair and lawful 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