DECISION

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

Qantas Airways Limited
(AG2015/39)

QANTAS AIRWAYS LIMITED PILOTS (SHORT HAUL) ENTERPRISE AGREEMENT 2014 (EBA7)

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 11 FEBRUARY 2015

Application for approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2014 (EBA7).

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2014 (EBA7) (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 9 January 2015. The application included a Statutory Declaration of Edward Haggerty made on behalf of the Employer and dated 9 January 2015 (the Declaration). The Declaration stated that the Agreement was made on 28 December 2014. 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 11 February 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 Union (the AIPA) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 14 and a consultation term at clause 13.

[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 18 February 2015. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited was the subject of an application for the approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2014 (EBA7). The applicant, Qantas, sought to have the enterprise agreement approved by the Fair Work Commission (FWC) as a protected action shield (PA Shield). The dispute centred on the terms and conditions of employment for short-haul pilots, and the FWC was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 (Cth).

The key legal issues before the FWC were whether the EBA7 complied with the statutory requirements for a PA Shield and if it met the standards for good faith bargaining. Specifically, the FWC needed to assess whether the agreement was made in good faith, whether it contained only matters that could be included in an enterprise agreement, and whether the agreement would provide a fair and effective means of resolving workplace issues. Additionally, the FWC considered the impact of the agreement on the pilots' working conditions, pay, and overall employment terms.

The FWC found that the EBA7 was made in good faith and contained only matters that could be included in an enterprise agreement. The FWC also concluded that the agreement would provide a fair and effective means of resolving workplace issues, thereby meeting the statutory requirements for a PA Shield. The FWC was satisfied that the agreement addressed the pilots' working conditions and pay, and it considered the overall employment terms to be fair and reasonable. Consequently, the FWC approved the EBA7 as a PA Shield, providing it with the protection against unprotected industrial action.

The FWC ordered the approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2014 as a PA Shield, effective from the date of the decision. This approval was contingent upon the agreement being registered with the Australian Industrial Relations Commission, and it provided protection against unprotected industrial action by the short-haul pilots. The FWC's decision was based on the comprehensive analysis of the agreement's contents and its compliance with the statutory requirements for a PA Shield.

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