Qantas Ground Services Pty Limited

[2013] FWCA 8618

[2013] FWCA 8618

The attached document replaces the document previously issued with the above code on 4 November 2013.

The signed copy of the Agreement has been attached.

Catherine Quayle Associate to Vice President Watson

Dated 6 November 2013.

[2013] FWCA 8618

FAIR WORK COMMISSION

DECISION

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

Qantas Ground Services Pty Limited
(AG2013/9769)

QANTAS GROUND SERVICES PTY LIMITED GROUND HANDLING AGREEMENT 2013

Airline operations
VICE PRESIDENT WATSON	SYDNEY, 4 NOVEMBER 2013

Application for approval of the Qantas Ground Services Pty Limited Ground Handling Agreement 2013.

Introduction

[1] An application has been made for approval of an enterprise agreement known as the Qantas Ground Services Pty Limited Ground Handling Agreement 2013 (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 (Qantas). The Agreement is a single enterprise Agreement.

[2] At the hearing of the matter on 31 October 2013, Mr P Smith and Mr J Hughes appeared on behalf of Qantas, and Ms J Gherjestani appeared on behalf of the Transport Workers Union (TWU).

[3] The TWU indicated its intention to support approval of the Agreement subject to the provision of three undertakings it sought from Qantas regarding clauses 8.10, 13(b) and 17(c) of the Agreement. Qantas has agreed to give an undertaking in relation to clause 13(b) but has declined to give an undertaking in relation to the other clauses. As a result, the TWU submits that the two clauses of the Agreement are less beneficial than the Airline Operations - Ground Staff Award 2010 (the Award) and that the Agreement consequentially does not pass the better off overall test.

[4] Clause 8.10 relates to the dispute settlement procedure. The TWU submits that the clause intends to limit the powers of the FWC in respect of dispute resolution, and that the clause is less beneficial than clause 10.4 of the Award.

[5] Clause 13(b) relates to classification and duties. Specifically, this clause asserts that it gives Qantas the right ‘to determine the size, composition and duties and other work practices in place at any of its worksites’. The TWU submits that this clause confers a unilateral right upon Qantas to initiate changes, overriding the provisions of clause 7.2, ‘Consultation Regarding Major Workplace Change’, of the Agreement. Qantas has agreed to give an undertaking in relation to the interaction between these two clauses.

[6] Clause 17(c) relates to shift-work and penalty rates. The TWU submits that the ‘Note’ appearing beneath the clause in the Agreement negates the entitlement to a non-continuous shift penalty.

[7] Qantas submits that the Agreement passes the better off over all test set out in s.193 of the Act and required by s.186(2)(d) notwithstanding its refusal to give all of the undertakings sought by the TWU.

[8] I have had regard to the overall benefits under the Agreement compared to those in the Award, and I am satisfied that the Agreement passes the better off overall test.

[9] 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. A written undertaking concerning the interaction between clauses 7.2 and 13(b) of the Agreement has been received from Qantas. In accordance with s.190(4) of the Act, the view of the bargaining representative, the TWU, has been sought in relation to the undertaking. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[10] The TWU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. Pursuant to s.201(2) of the Act I note the Agreement covers the TWU.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2013. The nominal expiry date of the Agreement is 30 November 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

<Price code G, AE405131  PR544065>

ANNEXURE 1