Qantas Airways Limited T/A Qantas

[2023] FWCA 1248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas

(AG2023/1128)

QANTAS AIRWAYS LIMITED - FREIGHT OPERATIONS TRANSPORT WORKERS AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT BELL	MELBOURNE, 2 MAY 2023

Application for approval of the Qantas Airways Limited - Freight Operations Transport Workers Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited - Freight Operations Transport Workers Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Qantas Airways Limited T/A Qantas. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 2 May 2023 and, in accordance with s.54 of the Act, will operate from 9 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Qantas Airways Limited, trading as Qantas, was heard regarding the application for approval of the Qantas Airways Limited - Freight Operations Transport Workers Agreement 2023. The applicant, Qantas, sought approval for the proposed enterprise agreement, which aimed to govern the employment conditions for freight operations workers within the company. The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically addressing issues such as pay rates, working hours, and employee entitlements. The Commission was tasked with determining whether the agreement met the necessary legislative criteria for approval and whether it provided fair and reasonable terms for the employees involved.

The central legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the "better off overall test" and the "no disadvantage test". The Commission had to assess if the agreement provided employees with at least the same terms and conditions as those under the applicable awards, and whether it offered terms that were no less favourable than their existing conditions. Additionally, the Commission examined whether the agreement would lead to any significant adverse effects on the employees or the broader workforce, ensuring that the agreement did not unfairly disadvantage any group of workers.

Upon review, the Commission found that the proposed agreement satisfied the necessary criteria under the Fair Work Act. The terms and conditions set out in the agreement were deemed fair and reasonable, providing employees with adequate protections and benefits. The Commission concluded that the agreement met the "better off overall test" and the "no disadvantage test", as it offered terms that were no less favourable than the existing conditions and did not result in any significant adverse effects. Consequently, the Commission approved the Qantas Airways Limited - Freight Operations Transport Workers Agreement 2023, thereby allowing the agreement to come into effect as intended.

The Fair Work Commission ordered that the Qantas Airways Limited - Freight Operations Transport Workers Agreement 2023 be approved and registered, effective from the date of the decision. This approval ensures that the agreement governs the employment conditions for the specified employees, providing them with a clear and legally binding framework for their work arrangements. The decision affirms the rights and obligations of both the employer and the employees under the terms of the agreement, promoting a fair and balanced workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established