DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas
(AG2018/966)

QANTAS AIRWAYS LIMITED (AWU, AMWU, CEPU) ENTERPRISE AGREEMENT 10

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 10.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 10 (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 3 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 the Australian Capital Territory, Qantas Airways Limited, trading as Qantas, sought approval for a new enterprise agreement with the Australian Workers' Union, the Australian Manufacturing Workers' Union, and the Communications, Electrical and Plumbing Union. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legal requirements and whether it was in the best interests of the employees and the employer.

The central legal issues before the Commission were whether the agreement provided for minimum entitlements, protected against adverse action for protected industrial action, and included provisions for dispute resolution and good faith bargaining. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees and the employer, and whether it complied with the Fair Work Act.

The Commission found that the proposed agreement met the statutory requirements and was in the best interests of both the employees and the employer. The agreement provided for minimum entitlements and protected against adverse action for protected industrial action. It also included provisions for dispute resolution and good faith bargaining, which were deemed to be in line with the objectives of the Fair Work Act. The Commission concluded that the agreement would facilitate a productive working environment and was fair and reasonable in all the circumstances.

As a result, the Fair Work Commission approved the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 10. This decision was made in the interest of maintaining a harmonious and efficient workplace while ensuring that both parties' rights and obligations were protected.

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