Qantas Airways Limited Summary

[2013] FWCA 471

FAIR WORK COMMISSION

DECISION

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

Qantas Airways Limited
(AG2012/13103)

PROFESSIONAL ENGINEERS (QANTAS AIRWAYS LIMITED) ENTERPRISE AGREEMENT 9

Airline operations
VICE PRESIDENT WATSON	PERTH, 22 JANUARY 2013

Application for approval of the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 9.

[1] An application has been made for approval of an enterprise agreement known as the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 9 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 29 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Qantas Airways Limited, sought approval for the Professional Engineers (Qantas Airways Limited) Enterprise Agreement from the Fair Work Commission. The primary issue was whether the agreement met the statutory requirements for approval, particularly focusing on its compliance with the Fair Work Act 2009. The applicant argued that the agreement was fair and balanced, considering the interests of both the employer and the employees. The respondent, the Professional Engineers Australia, contended that the agreement did not adequately address certain provisions, particularly those concerning redundancy and the transfer of employees.

The Fair Work Commission examined the agreement's provisions in detail, assessing whether it satisfied the criteria under the Fair Work Act. The Commission considered whether the agreement covered the appropriate bargaining unit, whether it provided for a fair and reasonable dispute resolution process, and whether it complied with the terms and conditions outlined in the Act. The applicant provided extensive evidence to support its case, including data on industry standards, the bargaining process, and the agreement's benefits to employees. The respondent presented arguments focusing on specific clauses that they believed were unfair or did not align with industry norms.

After thorough consideration, the Fair Work Commission determined that the Professional Engineers (Qantas Airways Limited) Enterprise Agreement met the statutory requirements for approval. The Commission found that the agreement was fair and balanced, addressing the interests of both parties and meeting the criteria under the Fair Work Act. The Commission also noted that the agreement included appropriate dispute resolution mechanisms and adhered to the terms and conditions set out in the Act. Consequently, the application for approval was granted.

The Fair Work Commission ordered that the Professional Engineers (Qantas Airways Limited) Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to take effect, binding both parties to its terms. The Commission's approval was based on its determination that the agreement met all necessary statutory requirements and was fair and reasonable in its provisions.

Qantas Airways Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established