Qantas Airways Limited Trading AS Qantas Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited, an airline company, sought approval for a proposed enterprise agreement. The application was made under section 174 of the Fair Work Act 2009. The Australian Industrial Relations Commission (AIRC) was tasked with determining whether the proposed agreement met the legal requirements for approval. The dispute involved multiple unions, including the Australian Workers’ Union, the Australian Manufacturing Workers’ Union, and the Communications, Electrical and Plumbing Union.

The primary legal issue was whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the AIRC had to assess whether the agreement was free from any provisions that were not genuinely related to employment matters. The AIRC also had to determine if the agreement contained mandatory terms that were not expressly or impliedly authorised by law. Furthermore, the court had to consider whether the agreement provided for the resolution of disputes between the parties in a manner that was fair and effective.

The AIRC found that the proposed agreement was largely consistent with the requirements of the Fair Work Act. The agreement was deemed to be free from any provisions that were not genuinely related to employment matters. The AIRC determined that the mandatory terms in the agreement were either expressly or impliedly authorised by law. The proposed dispute resolution mechanisms were considered to be fair and effective. Therefore, the AIRC approved the proposed enterprise agreement. The court concluded that the agreement was in the best interests of the employees and the employer, and it was in the public interest to facilitate the agreement.

The AIRC approved the Qantas Airways Limited Enterprise Agreement 12, which was made between Qantas Airways Limited and the unions. The approval was effective from 1 April 2020. The agreement included provisions relating to wages, conditions of employment, and dispute resolution mechanisms. The AIRC’s decision was made in accordance with the Fair Work Act, and the agreement was approved on the basis that it met all the legal requirements for approval.

Qantas Airways Limited Trading AS Qantas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established