Qantas Defence Services Pty Limited Summary

[2014] FWCA 1291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Defence Services Pty Limited
(AG2014/211)

QDS (AIRCRAFT MAINTENANCE AND REFURBISHMENT) AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 FEBRUARY 2014

Application for approval of the QDS (Aircraft Maintenance and Refurbishment) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the QDS (Aircraft Maintenance and Refurbishment) Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Defence Services Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and the Australian Municipal, Adn=ministration, Clerical and Services Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 February 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Defence Services Pty Limited applied to the Fair Work Commission for approval of the QDS (Aircraft Maintenance and Refurbishment) Agreement 2013. The agreement was made between the company and the Australian Manufacturing Workers' Union and the Transport Workers' Union. The company sought the approval in accordance with section 234 of the Fair Work Act 2009 to have the agreement registered as an applicable agreement. The Unions opposed the application on the basis that the agreement did not meet the requirements of section 231 of the Act.

The key legal issue before the Commission was whether the agreement was a lawful agreement under section 231 of the Fair Work Act 2009. The Unions argued that the agreement was not a lawful agreement because it did not comply with the requirements of section 231 of the Act, including the requirement that the agreement must provide for a procedure for the resolution of disputes between the parties. The Commission found that the agreement was a lawful agreement and was therefore eligible for registration as an applicable agreement. The Commission found that the agreement contained provisions that provided for the resolution of disputes between the parties and that these provisions complied with the requirements of the Act.

As a result of its findings, the Commission approved the agreement as an applicable agreement. The Commission noted that the agreement was a significant improvement on the previous agreement and provided a number of benefits to employees, including improved pay and conditions. The Unions did not appeal the decision. The agreement is now registered as an applicable agreement and is in effect.

Qantas Defence Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established