DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Airways Ltd T/A Qantas Airways Ltd
(AG2020/276)

QANTAS AIRWAYS LIMITED PILOTS (SHORT HAUL) ENTERPRISE AGREEMENT 2020 (EBA8)

Airline operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 FEBRUARY 2020

Application for approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2020 (EBA8).

[1] An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2020 (EBA8) (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian and International Pilots Association being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 February 2020. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Qantas Airways Limited, represented by its agents, and the Australian and International Pilots Association, acting on behalf of its members. The primary dispute centred on the application for approval of the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2020 (EBA8). The applicants sought to have this agreement approved under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the legal standards for approval, including its compliance with the Fair Work Act and the principles of good faith bargaining.

The central legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, whether it complied with procedural fairness, and if it contained all the required terms as stipulated by the Fair Work Act. Specifically, the Commission had to examine if the agreement was genuinely negotiated between the parties, if it included all the mandatory terms, and if the process of negotiation and agreement formation was fair and transparent. The applicants also needed to demonstrate that the agreement was in the best interests of the employees and the employer.

The Fair Work Commission, after considering the evidence and submissions from both parties, determined that the Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2020 was a bona fide enterprise agreement. The Commission found that the agreement was negotiated in good faith and contained all the mandatory terms required by the Fair Work Act. The process was deemed to be procedurally fair, and the agreement was concluded to be in the best interests of the employees and the employer. Consequently, the Commission approved the agreement, highlighting its compliance with the necessary legal standards and principles.

Qantas Airways Ltd T/A Qantas Airways Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established