DECISION

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

Qantas Airways Limited
(AG2015/267)

QANTAS AIRWAYS LIMITED (TECHNICAL SALARIED STAFF) ENTERPRISE AGREEMENT 10.

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 MARCH 2015

Application for approval of the Qantas Airways Limited (Technical Salaried Staff) Enterprise Agreement 10.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (Technical Salaried Staff) 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 agreement is a single-enterprise agreement.

[2] The Australian Licenced Aircraft Maintenance Engineers Association, the Australian Municipal, Administrative, Clerical and Services Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, 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 these organisations.

[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 12 March 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Qantas Airways Limited applied for approval of an enterprise agreement with its technical salaried staff. The applicant, Qantas, sought to implement the agreement to regulate the terms and conditions of employment for its technical salaried staff. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The respondent, the union representing the technical salaried staff, raised concerns regarding various provisions of the agreement, arguing that they did not comply with the Act's requirements.

The Commission was required to determine if the proposed enterprise agreement was in compliance with the Fair Work Act, particularly focusing on whether it contained the minimum terms and conditions as prescribed by the Act, and if it was made in good faith and without coercion. The key issues included the adequacy of the agreement's provisions concerning pay rates, classification of employees, and other employment conditions, as well as the process through which the agreement was negotiated.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was largely in compliance with the statutory requirements. The Commission held that the agreement contained the necessary minimum terms and conditions, and was made in good faith without any element of coercion. The Commission did make some minor amendments to certain provisions to ensure full compliance with the Act, but these changes did not alter the overall validity of the agreement. Consequently, the Commission approved the enterprise agreement, subject to the minor amendments made during the hearing.

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