Qantas Airways Limited v Australian and International Pilots Association

[2012] FWA 8256

[2012] FWA 8256

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.113(6) - Application for an order that terms of prior long service leave instrument are applicable

Qantas Airways Limited
v
Australian and International Pilots Association
(AG2012/10218)

SENIOR DEPUTY PRESIDENT WATSON SYDNEY, 25 SEPTEMBER 2012

Application for an order for applicable agreement-derived long service leave terms.

[1] This is an application by Qantas Airways Limited (Qantas) for an order that the terms of clause 29 - Long Service Leave, of the Qantas Airways Limited Flight Crew (Long Haul) Certified Agreement 2005 - 2006 (EBA 7) 1(as varied and extended) (the Agreement) and any terms ancillary and incidental to those terms are applicable agreement-derived long service leave terms for the purposes of s.113 of the Fair Work Act 2009 (the Act). The Agreement applies to Qantas.

[2] The Australian and International Pilots Association (AIPA) is a party to the Agreement and its members employed by Qantas are affected by the order sought. AIPA consents to the making of the order.

[3] The statutory considerations in relation to the making of the order sought are found in s.113(6) of the Act. In that regard, I am satisfied that:

• The Agreement is a pre-reform certified agreement and was in operation immediately before the commencement of Part 2-1 of the Act and contained terms entitling employees to long service leave;



• Those terms constituted a long service leave scheme that was applying in more than one State or Territory; and



• The scheme, considered on an overall basis, is no less beneficial to the employees than the long service leave entitlements that would otherwise apply in relation to the employees under State and Territory laws.

[4] In those circumstances, I will make an order that those terms of the instrument (and any terms that are ancillary or incidental to those terms) are applicable agreement-derived long service leave terms.

[5] The order is published in PR529531.

SENIOR DEPUTY PRESIDENT

Appearances:

R Dalton for Qantas Airways Limited.

T Slevin for Australian and International Pilots Association.

Hearing details:

2012.

Sydney:

September 5.

Final written submissions:

S Jhinku, for Qantas Airways Limited - 12 September 2012.

D Taylor for Australian and International Pilots Association - 20 September 2012.

 1   AG844026.

Printed by authority of the Commonwealth Government Printer

<Price code A, AG844026  PR529529>