DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Holidays Limited
(AG2016/4186)

AUSTRALIAN SERVICES UNION (QANTAS HOLIDAYS LIMITED) AGREEMENT 3

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Australian Services Union (Qantas Holidays Limited) Agreement 3.

[1] An application has been made for approval of an enterprise agreement known as the Australian Services Union (Qantas Holidays Limited) Agreement 3 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Holidays Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Qantas Holidays Limited and the Australian Services Union (Qantas Holidays Limited). The dispute was about whether the Australian Services Union (Qantas Holidays Limited) Agreement 3 should be approved. The court involved was the Fair Work Commission (FWC). The FWC was tasked with deciding whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on the terms and conditions of employment for employees covered by the agreement.

The primary legal issues that the FWU had to address were whether the agreement was a "better off overall test" (BOOT) agreement and whether it complied with the relevant provisions of the Fair Work Act. The FWU needed to determine if the agreement provided employees with terms and conditions that were not less favourable than the applicable award or registered agreement, and whether it met the criteria for a modern award. Additionally, the FWU had to consider whether the agreement contained appropriate dispute resolution mechanisms.

In reaching its decision, the FWU examined the evidence provided by both parties and considered the implications of the agreement for the employees. The FWU concluded that the agreement met the BOOT, as it provided employees with terms and conditions that were at least as good as, and in some cases better than, the existing award. The FWU found that the agreement included provisions for fair and reasonable dispute resolution mechanisms, which were consistent with the requirements of the Fair Work Act. Consequently, the FWU approved the Australian Services Union (Qantas Holidays Limited) Agreement 3.

The FWU's final order was the approval of the Australian Services Union (Qantas Holidays Limited) Agreement 3, which became effective from a specified date. This approval meant that the terms and conditions set out in the agreement would apply to the employees covered by it, replacing the previous award or any inconsistent registered agreement.

Qantas Holidays Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established