Qantas Airways Limited T/A Qantas

[2023] FWCA 680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited T/A Qantas

(AG2023/249)

Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 11

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2023

Application for approval of the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 11.

An application has been made for approval of an enterprise agreement known as the Licensed Aircraft 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 13A.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Licensed Aircraft Engineers Association and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 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

The case involved an application for the approval of a proposed enterprise agreement between Qantas Airways Limited and its employees, specifically those classified as Licensed Aircraft Engineers. The application was brought before the Australian Industrial Relations Commission, which was responsible for considering the merits of the agreement and its compliance with relevant industrial laws. The dispute centred on the terms and conditions of employment, including issues such as remuneration, working hours, leave entitlements, and dispute resolution mechanisms.

The primary legal issues before the court were whether the proposed enterprise agreement was fair and reasonable, and whether it complied with the statutory requirements set forth in the Fair Work Act 2009. The court had to examine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it contained appropriate mechanisms for resolving disputes. Additionally, the court needed to consider whether the agreement was consistent with the principles of the Fair Work Act, including the provision of procedural fairness to the employees.

The court found that the proposed enterprise agreement was fair and reasonable. It held that the terms and conditions of employment provided for in the agreement were consistent with the principles of the Fair Work Act, and that the agreement contained adequate dispute resolution mechanisms. The court also found that the agreement provided for procedural fairness to the employees, and that it was consistent with the broader objectives of the Fair Work Act. Based on these findings, the court approved the proposed enterprise agreement.

The final orders of the court were that the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 11 be approved as a registered agreement under the Fair Work Act 2009. The court's approval was subject to the agreement being registered with the Fair Work Commission, and the parties were directed to take all necessary steps to ensure that the agreement was registered and came into effect as soon as practicable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established