DECISION

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

Qantas Airways Limited
(AG2014/9758)

LICENSED AIRCRAFT ENGINEERS (QANTAS AIRWAYS LIMITED) ENTERPRISE AGREEMENT 10

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 5 JANUARY 2015

Application for approval of the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 10

[1] An application has been made for approval of an enterprise agreement known as the Licensed Aircraft Engineers (Qantas Airways Limited) 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 31 October 2014. The application included a Statutory Declaration of Michael O’Neil made on behalf of the Employer and dated 31 October 2014 (the Declaration). The Declaration stated that the Agreement was made on 21 October 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 5 January 2015. I note that the file has included a Statutory Declaration of Stephen Re made on behalf of the Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 59 and consultation terms at clauses 47 and 61.

[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 ALAEA, 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 ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 12 January 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 5 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited applied to the Fair Work Commission for approval of the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 10. The dispute arose from negotiations between Qantas and the Australian Licensed Aircraft Engineers Association, which represents the licensed aircraft engineers employed by Qantas. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issue was whether the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable. This required the Commission to consider whether the agreement was free from coercion, contained terms that were consistent with the Fair Work Act, and aligned with the principles of the national workplace relations system. The Commission also had to assess whether the agreement provided for procedural fairness and if it contained terms that were in the best interests of the employees.

The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The agreement provided for the employees' pay and conditions in a manner that was fair and reasonable. The Commission found that the agreement contained terms that were consistent with the Act and aligned with the principles of the national workplace relations system. The Commission also found that the agreement provided for procedural fairness and contained terms that were in the best interests of the employees.

The Commission approved the agreement and made an order for its registration. The order was made on the basis that the agreement met the requirements of the Act and was in the best interests of the employees. The order also provided for the agreement to be registered with the Australian Industrial Relations Commission.

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