Qantas Airways Limited T/A Qantas

[2022] FWCA 3112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas

(AG2022/3550)

Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 11

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 11.

An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 11 (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 T/A Qantas. The Agreement is a single enterprise agreement.

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.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Qantas Airways Limited, trading as Qantas, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement, titled Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 11, was intended to regulate the employment terms and conditions of certain employees within the company. The applicant sought approval under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), the Australian Workers' Union (AWU), and the Australian Manufacturing Workers' Union (AMWU).

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included examining whether the agreement contained the necessary minimum terms, provided for the protection of employees' rights, and did not include any terms that were contrary to the Fair Work Act or contrary to public policy. The court was also tasked with ensuring the agreement was fairly negotiated and met the procedural requirements for approval.

The Fair Work Commission found that the enterprise agreement contained all the necessary minimum terms and did not contravene any provisions of the Fair Work Act. The agreement was considered to be fairly negotiated, and the process by which it was approved was deemed to be in accordance with the legislative requirements. The court took into consideration the need to balance the interests of both the employer and employees, as well as the importance of maintaining industrial harmony. The Commission approved the enterprise agreement, finding that it met all the statutory requirements and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 11, subject to certain conditions. The applicant was required to provide further information to the Commission in relation to the operation of the agreement, and the agreement was to be subject to periodic review to ensure continued compliance with the Fair Work Act. The Commission also made an order that the agreement would be registered with the Fair Work Commission and published on its website. This decision provided clarity for both the applicant and the employees covered by the agreement, ensuring that their employment terms and conditions were regulated by a legally approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established