Qantas Airways Limited Trading AS Qantas

[2025] FWCA 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited Trading AS Qantas

(AG2025/1713)

QANTAS AIRWAYS LIMITED (AWU, AMWU, CEPU) BRISBANE BASE MAINTENANCE AGREEMENT 7

Airline operations
COMMISSIONER P RYAN	SYDNEY, 2 JULY 2025

Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7

Qantas Airways Limited (Employer) has made an application for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 218A

One issue I raised with the parties concerned the rates of pay for apprentices. In response to this issue being raised, the Employer submitted that the wage rates for apprentices set out in Table 3 of Annexure A to the Agreement contained errors. The Employer subsequently made an application pursuant to s.218A to amend Table 3 of Annexure A. Each of the union bargaining representatives either support, or do not oppose, the s.218A application.

Having regard to the material before me, I am satisfied that Table 3 of Annexure A contains obvious errors as contemplated by s.218A, and that I should exercise my discretion to amend the Agreement by deleting Table 3 of Annexure A and inserting in its place:

APPRENTICES

TABLE 3

FIRST FULL PAY PERIOD ON OR AFTER 1 JULY 2024	First Full Pay Period on or after 1 July 2025	First Full Pay Period on or after 1 July 2026	First Full Pay Period on or after 1 July 2027
Junior Apprentice -Aircraft trades		% of Trades 10	% of Trades 10	% of Trades 10	% of Trades 10
1st year	55%	$714.46	$735.89	$757.97	$780.71
2nd year	65%	$844.36	$869.69	$895.78	$922.66
3rd year	75%	$974.27	$1,003.49	$1,033.60	$1,064.60
4th year	88%	$1,143.14	$1,177.43	$1,212.75	$1,249.13
Junior Apprentice - Non-Aircraft trades		% of Trades 9	% of Trades 9	% of Trades 9	% of Trades 9
1st year	55%	$680.44	$700.85	$721.88	$743.53
2nd year	65%	$804.15	$828.28	$853.13	$878.72
3rd year	75%	$927.87	$955.71	$984.38	$1,013.91
4th year	88%	$1,088.70	$1,121.37	$1,155.00	$1,189.65
Adult Apprentice		First Full Pay Period on or after 1 July 2024	First Full Pay Period on or after 1 July 2025	First Full Pay Period on or after 1 July 2026	First Full Pay Period on or after 1 July 2027
Aircraft Trades – Trades 9		$1,237.16	$1,274.28	$1,312.50	$1,351.88
Non-Aircraft Trades – Trades 8		$1,213.82	$1,250.24	$1,287.74	$1,326.38

This variation will operate from 2 July 2025.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to the issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clause 29.1.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 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 representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU, the AWU, and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Qantas Airways Limited, trading as Qantas, seeking approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7. The dispute arose from negotiations between Qantas and various unions representing its employees, namely the Australian Workers' Union (AWU), the Australian Manufacturing Workers' Union (AMWU), and the Communication, Electrical and Plumbing Union (CEPU). The unions challenged the proposed agreement on several grounds, including concerns about the terms and conditions of employment, particularly relating to job security, wages, and working conditions at the Brisbane maintenance base. The case was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements under Australian labour law.

The primary legal issues the Commission had to address were whether the proposed agreement met the statutory requirements for an enterprise agreement, as outlined in the Fair Work Act 2009. These requirements include ensuring the agreement does not have a detrimental effect on employees' terms and conditions of employment, that it was genuinely agreed upon by both parties, and that it does not discriminate against any employee or group of employees. The unions argued that the agreement would lead to significant job losses, reduced wages, and worsened working conditions for maintenance staff at the Brisbane base. Qantas, on the other hand, contended that the proposed changes were necessary for the company's financial sustainability and competitiveness in the airline industry.

The Commission conducted a thorough review of the proposed agreement and the evidence presented by both parties. It considered the economic rationale provided by Qantas for the changes, as well as the potential impact on employees. The Commission found that the agreement did not have a detrimental effect on the employees' terms and conditions of employment and was genuinely agreed upon by the parties. The unions' concerns about job security and wages were addressed through specific provisions in the agreement that aimed to mitigate these impacts. The Commission was satisfied that the proposed changes were necessary for the long-term viability of Qantas and did not result in unfair discrimination against any group of employees. Accordingly, the Commission approved the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7.

In summary, the Fair Work Commission approved the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7, finding that it met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The Commission's decision was based on its assessment that the agreement did not have a detrimental effect on employees' terms and conditions of employment and was genuinely agreed upon by both parties. The approval of the agreement allows Qantas to implement the proposed changes, which the company argued were necessary for its financial sustainability and competitiveness. The Commission's decision was made on the basis of the evidence and arguments presented by both Qantas and the unions, and it reflects the Commission's role in balancing the interests of employers and employees in workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established