Qantas Airways Limited T/A Qantas

[2023] FWCA 950

[2023] FWCA 950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas

(AG2023/674)

PROFESSIONAL ENGINEERS (QANTAS AIRWAYS LIMITED) ENTERPRISE AGREEMENT 11

Scientific services
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2023

Application for approval of the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 11

1. An application has been made for approval of an enterprise agreement known as the Professional Engineers (Qantas Airways Limited) Enterprise Agreement 11 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Airways Limited T/A Qantas. The Agreement is a single enterprise agreement.

1. 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Association of Professional Engineers, Scientists and Managers, Australia, 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.

1. The Agreement was approved on 30 March 2023 and, in accordance with s.54, will operate from 6 April 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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