Qantas Ground Services Pty Limited
[2022] FWCA 4537
•21 DECEMBER 2022
| [2022] FWCA 4537 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Qantas Ground Services Pty Limited
(AG2022/4833)
Qantas Ground Services Pty Limited Ground Handling Agreement 2022
| Airline operations | |
| COMMISSIONER LEE | MELBOURNE, 21 DECEMBER 2022 |
Application for approval of the Qantas Ground Services Pty Limited Ground Handling Agreement 2022
An application has been made for approval of an enterprise agreement known as the Qantas Ground Services Pty Limited Ground Handling Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Ground Services Pty Limited. The Agreement is a single enterprise agreement.
A Form F18 –Declaration of employee organisation in relation to an application for approval of an enterprise agreement (Form F18) was lodged by the Transport Workers' Union of Australia (TWU). In the Form F18, the TWU advised it support approval of the Agreement by the Commission (“subject to any undertakings required by FWC being given by QGS”). However, it disagrees with one or more statements in an employer’s declaration relating to the Agreement.
The concerns raised by the TWU were raised with the Applicant by way of correspondence on 2 December 2022. On 12 December 2022 by way of correspondence, the Applicant provided submissions regarding the concerns raised. The submissions provided satisfied my concerns in respect to the issues. On 15 December 2022 I advised parties it was my provisional view is that it is appropriate to approve the agreement. No further views were raised by the TWU.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Transport Workers' Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 August 2025.
COMMISSIONER
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