QANTAS AIRWAYS LIMITED T/A QANTAS
[2023] FWCA 1320
•9 MAY 2023
| [2023] FWCA 1320 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
QANTAS AIRWAYS LIMITED T/A QANTAS
(AG2023/832)
AUSTRALIAN SERVICES UNION (QANTAS AIRWAYS LIMITED) AGREEMENT 12
| Airline operations | |
| COMMISSIONER P RYAN | SYDNEY, 9 MAY 2023 |
Application for approval of the Australian Services Union (Qantas Airways Limited) Agreement 12
Qantas Airways Limited (Applicant) has made an application for approval of an enterprise agreement known as the Australian Services Union (Qantas Airways Limited) Agreement 12 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Single Interest Employers
The Agreement is expressed to cover the Applicant and Qantas Information Technology Limited (QITL). Having regard to the materials filed I am satisfied that the Applicant and QITL are single interest employers (see s.172(5) of the FW Act).
Section 190 Undertakings
The Applicant and QITL 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 23.2.2, 49.2.1 and 53.4 of the Agreement may be inconsistent with the NES. However, noting clause 5.2 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 Municipal, Administrative, Clerical and Services Union (ASU) 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 ASU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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