QANTAS AIRWAYS LIMITED T/A QANTAS Summary

[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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Qantas Airways Limited trading as Qantas, the Australian Services Union (Qantas Airways Limited) applied for the approval of the Australian Services Union (Qantas Airways Limited) Agreement 12. The applicant sought the Fair Work Commission's approval of the agreement under section 234 of the Fair Work Act 2009. The agreement was a collective agreement between the airline and its employees represented by the union, covering various terms and conditions of employment.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 235 of the Act, including whether it was a genuine agreement, whether it provided for a fair and efficient workplace, and whether it met the requirements for independent authorisation. The Commission also considered the impact of the agreement on employees and the broader aviation industry.

The Commission found that the agreement was a genuine agreement and met the criteria for approval under the Act. The agreement provided for a fair and efficient workplace, and the Commission was satisfied that the independent authorisation process had been properly conducted. The Commission also considered the impact of the agreement on employees and the broader aviation industry, and was satisfied that the agreement would not have an adverse effect on the industry or on the public interest.

The Commission approved the Australian Services Union (Qantas Airways Limited) Agreement 12, and the agreement is now legally binding on the parties. The approval of the agreement is an important step in ensuring fair and efficient workplaces in the aviation industry.

QANTAS AIRWAYS LIMITED T/A QANTAS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established