DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas
(AG2018/970)

QANTAS AIRWAYS LIMITED (AWU, AMWU, CEPU) BRISBANE BASE MAINTENANCE AGREEMENT 5

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 5.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 5 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Qantas Airways Limited applied to the Fair Work Commission for the approval of a new enterprise agreement with its maintenance staff in Brisbane. The agreement was proposed between Qantas and three unions: the Australian Manufacturing Workers' Union, the Australian Workers' Union, and the Community and Public Sector Union. The unions had previously been in a dispute with Qantas over the terms of their employment and sought to formalise these terms in a new agreement.

The legal issues before the Commission centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, if it was procedurally valid, and whether it complied with the provisions of the Act, including any relevant national workplace laws. The Commission also had to consider if the agreement provided for the appropriate protections and entitlements for the employees, including any provisions for redundancy and termination.

The Fair Work Commission found that the proposed agreement was procedurally valid and met the requirements for approval. The Commission determined that the agreement was a genuine enterprise agreement as it was made following proper consultation and negotiation processes. The Commission also found that the agreement provided for appropriate protections and entitlements for the employees, including provisions for redundancy and termination. The Commission further found that the agreement complied with all relevant national workplace laws and did not contain any provisions that were contrary to public policy.

As a result, the Commission approved the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 5. The agreement now serves as the legally binding enterprise agreement between Qantas and the unions, governing the terms and conditions of employment for the maintenance staff in Brisbane.

Qantas Airways Limited T/A Qantas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established