DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qantas Domestic Pty Limited
(AG2015/7026)

QANTAS DOMESTIC PTY LIMITED CABIN CREW WORKPLACE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 28 JANUARY 2016

Application for approval of the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Domestic Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 15 December 2015. The application included a Statutory Declaration of Simon Brown made on behalf of the Employer and dated 14 December 2015 (the Declaration). The Declaration stated that the Agreement was made on 3 December 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 28 January 2016. I note that the file has included a Statutory Declaration of John Playford made on behalf of the Flight Attendants’ Association of Australia (the FAAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 6 and a consultation term at clause 7.

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

[7] The FAAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the FAAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 4 February 2016. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 1 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

Qantas Domestic Pty Limited sought approval for the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2015. The application was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009. The legal issues the court needed to address included whether the agreement met the requirements of the Act and whether it was in the best interests of the employees it purported to cover. Specifically, the Commission had to consider whether the agreement was a "better off overall test" agreement, meaning that it provided employees with benefits that outweighed any disadvantages.

The Commission found that the agreement did indeed comply with the Fair Work Act. It noted that the agreement contained provisions for minimum rates of pay, overtime, shift patterns, and other working conditions that were at least as good as, if not better than, those provided by the relevant award. Furthermore, the agreement included provisions for dispute resolution and protection against adverse action, which were considered to be in the best interests of the employees. The Commission also considered the submissions from the parties and the evidence presented, concluding that the agreement met the "better off overall test."

As a result, the Fair Work Commission approved the Qantas Domestic Pty Limited Cabin Crew Workplace Agreement 2015. This approval means that the agreement is now a legally binding instrument between Qantas Domestic Pty Limited and its cabin crew employees. The employees covered by the agreement will be entitled to the benefits and protections outlined in the agreement, and the agreement will remain in force until it is varied or terminated in accordance with the Fair Work Act.

Qantas Domestic Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established