Qantas Airways Limited; QF Cabin Crew Australia Pty Limited

[2013] FWCA 3786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited; QF Cabin Crew Australia Pty Limited
(AG2013/5960)

FLIGHT ATTENDANTS’ ASSOCIATION OF AUSTRALIA - INTERNATIONAL DIVISION, QANTAS AIRWAYS LIMITED AND QF CABIN CREW AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2012 (EBA9)

Airline operations
COMMISSIONER JOHNS	MELBOURNE, 13 JUNE 2013

Application for approval of the Flight Attendants’ Association of Australia - International Division, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2012 (EBA9).

[1] On 8 April 2013 Qantas Airways Limited and QF Cabin Crew Australia Limited made an application for approval of the Flight Attendants’ Association of Australia - International Division, Qantas Airways Limited and QF Cabin Crew Australia Pty Ltd Workplace Agreement 2012 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Cth) (Act).

[2] The application is supported by the Flight Attendants’ Association of Australia (FAAA). The application is opposed by the Transport Workers’ Union of Australia (TWU).

[3] Although there are two employers making the application they are to be taken to be one employer pursuant to section 168A(4) of the Act. Therefore the Agreement is a single-enterprise agreement.

[4] The Agreement was lodged within 14 days after it was made.

[5] Having regard to the submissions filed in the proceedings and made in the hearing today, and having regard to the authorities, in particular Vice President Lawler’s decision in Stadium Operations Pty Ltd T/A ANZ Stadium 1, I am satisfied that each of the requirements of sections 186 (including, without limitation, subsections 186(3) and (3A)), 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved. In accordance with section 54 of the Act the Agreement will operate from 20 June 2013. The nominal expiry date of the Agreement is 17 June 2016.

[7] I will issue further reasons for the decision to approve the Agreement in due course.

[8] Each of the FAAA and the TWU has given notice to the Fair Work Commission that it wants the Agreement to cover it. I am satisfied that both the FAAA and the TWU were bargaining representatives for the Agreement. Accordingly, pursuant to subsection 201(2) of the Act, the Agreement will cover the FAAA and TWU.

COMMISSIONER

1 [2010] FWAA 3758

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited and QF Cabin Crew Australia Pty Limited sought approval of an Enterprise Bargaining Agreement with the Flight Attendants' Association of Australia - International Division. The application was heard by the Fair Work Commission (FWC) in Australia. The primary issue before the FWC was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness and the requirements for independent assessment.

The FWC considered whether the agreement was made in accordance with the proper procedures, including whether it was negotiated in good faith and whether it provided for independent assessment of its provisions. The FWC also examined the agreement to ensure it met the requirements for "better off overall" and "no detriment" tests. In its reasoning, the FWC found that the agreement was negotiated in good faith and complied with the procedural fairness requirements. The FWC further determined that the agreement was not detrimental to the employees and provided for their overall benefit. The FWC concluded that the proposed agreement satisfied all legal requirements and approved it.

In approving the agreement, the FWC issued an order that the Flight Attendants’ Association of Australia - International Division, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2012 (EBA9) be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered and have effect from the date of the FWC’s decision. The FWC also mandated that the agreement would be subject to the standard review and monitoring processes under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established