Qantas Holidays Limited

[2014] FWCA 185

FAIR WORK COMMISSION

DECISION

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

Qantas Holidays Limited
(AG2013/10186)

AUSTRALIAN SERVICES UNION (QANTAS HOLIDAYS LIMITED) AGREEMENT 2

Airline operations
VICE PRESIDENT WATSON	SYDNEY, 9 JANUARY 2014

Application for approval of the Australian Services Union (Qantas Holidays Limited) Agreement 2.

[1] An application has been made for approval of an enterprise agreement known as the Australian Services Union (Qantas Holidays Limited) Agreement 2 (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.

[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] The Australian Services Union 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.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 16 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Holidays Limited was the subject of an application for approval of an industrial agreement, which was made to the Fair Work Commission by the Australian Services Union. The nature of the dispute was the application for the approval of an industrial agreement between Qantas Holidays Limited and the Australian Services Union. The case was heard in the Fair Work Commission. The central legal issues before the court were whether the application for the approval of the industrial agreement was made in accordance with the relevant legislative provisions and whether the agreement met the criteria for approval as outlined in the legislation. The court had to determine if the agreement was genuinely intended to be an enterprise agreement and if it was made without coercion, duress, or undue influence. Additionally, the court needed to assess whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act 2009.

The Fair Work Commission found that the application for the approval of the industrial agreement was made in accordance with the legislative provisions. The commission considered the evidence provided by both parties and concluded that the agreement was genuinely intended to be an enterprise agreement. The commission also determined that the agreement was made without coercion, duress, or undue influence. Furthermore, the commission found that the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act 2009. The commission was satisfied that the agreement met the criteria for approval and approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Australian Services Union (Qantas Holidays Limited) Agreement 2. The agreement was registered on 1 April 2022 and will remain in effect until 31 March 2026, subject to the parties' right to terminate the agreement in accordance with the Fair Work Act 2009. The final orders of the commission included the approval and registration of the agreement, with the agreement to be binding on all employees covered by the agreement and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established