DECISION

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

Qantas Airways Limited
(AG2014/10425)

QANTAS AIRWAYS LIMITED (NATIONAL UNION OF WORKERS) ENTERPRISE AGREEMENT 10

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 14 JANUARY 2015

Application for approval of the Qantas Airways Limited (National Union of Workers) Enterprise Agreement 10.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (National Union of Workers) 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 19 December 2014. The application included a Statutory Declaration of Peter Smith made on behalf of the Employer and dated 19 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 5 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 14 January 2015. I note that the file has included a Statutory Declaration of Paul Richardson made on behalf of the National Union of Workers (the NUW), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at Appendix F 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 NUW, 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 NUW.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 21 January 2015. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 14 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers brought an application for the approval of an enterprise agreement with Qantas Airways Limited. The application followed negotiations between the union and the airline, resulting in a proposed agreement that both parties sought to have formally approved and registered. The nature of the dispute centred on the terms of the proposed agreement, including wages, working conditions, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement provided for a fair and efficient means of dispute resolution, and if it contained provisions that complied with the "better off overall test" under the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not undermine the rights of employees or contain terms that were contrary to public policy. The central question was whether the agreement, as proposed, provided for a fair and efficient means of resolving disputes between the parties and whether it met the statutory requirements for approval.

The Commission carefully reviewed the terms of the proposed agreement, assessing them against the criteria set out in the Fair Work Act. It determined that the agreement provided for a fair and efficient means of dispute resolution, and that it met the "better off overall test". The Commission found that the proposed terms were reasonable and in line with public policy, and did not undermine the rights of employees. Consequently, the Commission approved the agreement and ordered its registration, thereby formalising the terms of the enterprise agreement between the parties. This decision provided clarity and certainty for both the union and the airline regarding their employment relationship moving forward.

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