DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstate Airlines (Qld) Pty Limited T/A QantasLink
(AG2018/4690)

SUNSTATE AIRLINES (QLD) PTY LTD AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT COLMAN	SYDNEY, 21 JANUARY 2019

Application for approval of the Sunstate Airlines (Qld) Pty Ltd and Australian Services Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Airlines (Qld) Pty Ltd and Australian Services Union Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunstate Airlines (Qld) Pty Limited T/A QantasLink. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 January 2019 and, in accordance with s.54, will operate from 28 January 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sunstate Airlines (Qld) Pty Limited trading as QantasLink, the Australian Services Union filed an application seeking approval of their 2018 Enterprise Agreement. The Federal Court of Australia was tasked with reviewing the agreement to ensure it complied with the necessary legislative requirements under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions contained within the agreement met the criteria for approval, particularly in relation to minimum entitlements and the protection of employees' rights.

The primary legal issue before the court was to determine whether the Enterprise Agreement adhered to the statutory standards set out in the Fair Work Act. Specifically, the court had to ascertain if the agreement provided for fair minimum wages and conditions, and whether it complied with the procedural requirements for making such agreements. The court was also required to examine whether the agreement was made in good faith and if it contained the necessary provisions for employee protection and dispute resolution.

The court found that the agreement in question met the requisite standards under the Fair Work Act. It was noted that the agreement included provisions that met or exceeded the minimum entitlements as stipulated by the Act. Furthermore, the court was satisfied that the agreement had been made in good faith and included appropriate mechanisms for dispute resolution. Consequently, the court approved the application for the Enterprise Agreement, finding it to be fair and compliant with the necessary legislative requirements.

In light of the court's findings, the Federal Court approved the Sunstate Airlines (Qld) Pty Limited and Australian Services Union Enterprise Agreement 2018. This decision effectively recognises the agreement as a legally binding instrument between the parties, providing a framework for fair working conditions and terms for the employees of Sunstate Airlines.

Sunstate Airlines (Qld) Pty Limited T/A QantasLink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established