Qantas Airways Limited T/A Qantas

[2023] FWCA 1370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas

(AG2023/899)

QANTAS AIRWAYS LIMITED (AWU) ENTERPRISE AGREEMENT 12

Airline operations
COMMISSIONER P RYAN	SYDNEY, 12 MAY 2023

Application for approval of the Qantas Airways Limited (AWU) Enterprise Agreement 12

Qantas Airways Limited (Employer) has made an application for approval of an enterprise agreement known as the Qantas Airways Limited (AWU) Enterprise Agreement 12 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

National Employment Standards (NES)

I observe that clauses 16.2 and 31.2.2 of the Agreement may be inconsistent with the NES. However, noting clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the matter were Qantas Airways Limited and the Australian Workers' Union (AWU), who were seeking approval of an enterprise agreement. The application was before the Australian Industrial Relations Commission, which had the authority to approve or reject the agreement under the relevant industrial relations legislation. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which the AWU sought to implement for its members employed by Qantas.

The primary legal issue the Commission had to decide was whether the proposed enterprise agreement complied with the requirements of the relevant industrial relations legislation, including the Fair Work Act 2009. This involved examining whether the agreement was genuinely negotiated and whether it contained terms that were not contrary to public policy or unfair. Additionally, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it aligned with the principles of good faith bargaining.

In reaching its decision, the Commission carefully reviewed the evidence presented by both parties regarding the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and contained terms that were not unfair or contrary to public policy. The Commission also concluded that the agreement included appropriate dispute resolution mechanisms and adhered to the principles of good faith bargaining. As a result, the Commission approved the Qantas Airways Limited (AWU) Enterprise Agreement 12, thereby resolving the dispute in favour of the AWU.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The Commission also noted that any further disputes arising from the implementation of the agreement would be subject to the dispute resolution processes outlined within the agreement itself. This decision provided clarity and certainty for both parties moving forward, ensuring that the terms of the agreement could be implemented without further legal challenges.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established