Qantas Airways Limited; QF Cabin Crew Australia Pty Limited

[2013] FWCA 3786

[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

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