Qantas Airways Limited Trading AS Qantas
[2025] FWCA 3321
•8 OCTOBER 2025
| [2025] FWCA 3321 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Qantas Airways Limited Trading AS Qantas
(AG2025/3226)
QANTAS AIRWAYS LIMITED (AWU, AMWU, CEPU) ENTERPRISE AGREEMENT 12
| Airline operations | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 8 OCTOBER 2025 |
Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 12
An application has been made by Qantas Airways Limited (Applicant) for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Enterprise Agreement 12 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
I note that section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). Some of the terms of the Agreement may exclude NES conditions if they are not applied in accordance with the NES. In particular, clauses 16.1.6 and 28.6.2 deal with circumstances in which the Applicant may withhold entitlements but does not limit the source from which it may withhold. They must be applied in accordance with s. 324 which provides for the circumstances where an employer may be permitted to make deductions from an employee’s pay. Clauses 29.1.4 and 29.4.3 address the notice required of employees in respect of leave and other absences and may operate in a way less favourable than s.107 of the Act.
I also note that the NES Precedence clause at Clause 7.3 of the Agreement will apply to ensure that the NES conditions are not excluded or diminished by operation of the clauses identified above. Given the terms of clause 7.3 I am satisfied that the requirement in s. 186(2)(c) is met.
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 and 187 are met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers Union (AWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the CEPU, AWU and AMWU.
The Agreement was approved on 8 October 2025 and will operate from 15 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
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