Qantas Domestic Pty Limited T/A Qantas Domestic

[2023] FWCA 1375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Domestic Pty Limited T/A Qantas Domestic

(AG2023/979)

QANTAS DOMESTIC PTY LIMITED CABIN CREW WORKPLACE AGREEMENT 2023

Airline operations
COMMISSIONER P RYAN	SYDNEY, 12 MAY 2023

Application for approval of the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2023

Qantas Domestic Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Flight Attendants’ Association of Australia (FAAA) and the Transport Workers’ Union (TWU), 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), I note that the Agreement covers the FAAA and the TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Domestic Pty Limited, trading as Qantas Domestic, applied to the Fair Work Commission for the approval of the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2023. The dispute centred on the fairness and validity of the proposed workplace agreement, which outlined the terms and conditions of employment for cabin crew members. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for fair terms and conditions of employment, including minimum wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also had to consider if the agreement was genuinely negotiated and whether it provided for an appropriate balance between the rights and interests of the employees and the employer.

The Commission examined the provisions of the proposed agreement and found that it included fair terms and conditions that aligned with the minimum standards set out in the relevant awards and the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it provided for an appropriate balance between the rights and interests of both employees and the employer. Consequently, the Commission approved the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established