Qantas Airways Limited

[2025] FWCA 1554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited

(AG2025/613)

QANTAS AIRWAYS LIMITED PILOTS (SHORT HAUL) ENTERPRISE AGREEMENT 2024 (EBA9)

Airline operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 MAY 2025

Application for approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2024 (EBA9)

An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2024 (EBA9) (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings and in part for the reasons explained in my earlier decision,[1] I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 May 2025. The nominal expiry date of the Agreement is 31 August 2028.

The Australian Federation of Air Pilots (AFAP) and Australian and International Pilots Association (AIPA), being bargaining representatives for the Agreement, have given notice to the Fair Work Commission they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers AFAP and AIPA.

DEPUTY PRESIDENT

ANNEXURE A

[1] [2025] FWC 1238

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Qantas Airways Limited sought approval for the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2024. The application for the approval of the enterprise agreement arose from negotiations between Qantas and the Australian and International Pilots Association. The dispute centred on the terms and conditions of employment for Qantas' short-haul pilots, including remuneration, work hours, and dispute resolution mechanisms. The legal issues before the court were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, and if it was procedurally fair and just. The court had to consider the fairness of the agreement, particularly in relation to its impact on the pilots' working conditions and the overall balance of the agreement.

The court examined the agreement to determine if it complied with the requirements for approval under the Fair Work Act. Key considerations included whether the agreement was genuinely negotiated, if it contained provisions that were procedurally fair and just, and if it met the statutory criteria for approval. The court also assessed whether the agreement provided for a minimum rate of pay and conditions that were no worse than the applicable award or registered agreement. The pilots' association argued that certain provisions of the agreement were not fairly negotiated or were otherwise unjust, while Qantas maintained that the agreement was a product of genuine bargaining and was fair and just in all respects.

After considering the submissions and evidence from both parties, the court found that the enterprise agreement did meet the statutory requirements for approval. The court determined that the agreement was genuinely negotiated, contained procedurally fair and just provisions, and did not result in a deterioration of the pilots' conditions compared to the applicable award. The court was satisfied that the agreement was fair and just, and accordingly, approved the enterprise agreement. The final orders of the court included the approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2024, effective from the date of the judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established