Qantas Airways Limited T/A Qantas

[2023] FWCA 1360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas

(AG2023/978)

FLIGHT ATTENDANTS’ ASSOCIATION OF AUSTRALIA - SHORT HAUL DIVISION (QANTAS AIRWAYS LIMITED) ENTERPRISE AGREEMENT 10

Airline operations
COMMISSIONER P RYAN	SYDNEY, 11 MAY 2023

Application for approval of the Flight Attendants’ Association of Australia - Short Haul Division (Qantas Airways Limited) Enterprise Agreement 10 (Agreement)

Qantas Airways Limited (Employer) has made an application for approval of an enterprise agreement known as the Flight Attendants’ Association of Australia - Short Haul Division (Qantas Airways Limited) Enterprise Agreement 10 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

The Flight Attendants’ Association of Australia (FAAA) and the Transport Workers’ Union (TWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

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

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited sought approval for the Flight Attendants’ Association of Australia - Short Haul Division (Qantas Airways Limited) Enterprise Agreement 10 (Agreement) from the Fair Work Commission. The application was contested by the Australian and International Pilots Association (AIPA), which argued that the Agreement did not meet the Fair Work Act 2009's (Cth) requirements for approval. The dispute centred on the Agreement's compliance with the Act's provisions, particularly the criteria for approval of an enterprise agreement.

The court was tasked with determining whether the Agreement satisfied the statutory prerequisites for approval, as outlined in section 230 of the Fair Work Act. This included assessing if the agreement was genuinely a bargain between the parties, met the "better off overall test," and was consistent with the national system for the resolution of industrial disputes. Additionally, the court examined whether the Agreement adhered to the procedural requirements, including the provision of a copy of the draft agreement to the Fair Work Ombudsman and the relevant unions.

In considering these issues, the Commission found that the Agreement was a genuine enterprise agreement, meeting all statutory requirements for approval. The Commission noted the parties' efforts to negotiate in good faith and the agreement's compliance with the "better off overall test." It also determined that the Agreement was consistent with the national system for the resolution of industrial disputes and met all procedural requirements. Consequently, the Commission approved the Agreement, finding it to be in the interests of the national workplace relations system.

The Fair Work Commission approved the Flight Attendants’ Association of Australia - Short Haul Division (Qantas Airways Limited) Enterprise Agreement 10, dismissing the AIPA's objections. The Commission's decision was based on the Agreement's compliance with the Fair Work Act, including the "better off overall test" and adherence to the national system for the resolution of industrial disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established