DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstate Airlines (QLD) Pty Limited T/A Qantaslink
(AG2016/5754)

SUNSTATE AIRLINES PTY LTD FLIGHT ATTENDANTS’ ENTERPRISE BARGAINING AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Sunstate Airlines Pty Ltd Flight Attendants’ Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Airlines Pty Ltd Flight Attendants’ Enterprise Bargaining Agreement 2016 (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 Ltd T/A Qantaslink. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Flight Attendants’ Association of Australia and 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.

[4] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunstate Airlines (QLD) Pty Limited, trading as Qantaslink, applied to the Fair Work Commission for approval of the Sunstate Airlines Pty Ltd Flight Attendants’ Enterprise Bargaining Agreement 2016. The application was brought by the Australian Services Union (ASU), which represents the flight attendants of Sunstate Airlines. The dispute concerns the terms and conditions of employment for the flight attendants, specifically regarding their pay, working hours, and leave entitlements. The Fair Work Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it complied with the Fair Work Act 2009.

The central legal issues before the Fair Work Commission were whether the proposed agreement provided fair and reasonable terms for the flight attendants and whether it complied with the statutory requirements outlined in the Fair Work Act. This included examining the provisions relating to pay rates, overtime, penalty rates, and leave entitlements to ensure they met the minimum standards prescribed by the Act and were fair and reasonable in the context of the industry. The Commission also had to assess if the agreement included appropriate mechanisms for resolving disputes and ensuring that the rights of employees were protected.

In reaching its decision, the Fair Work Commission carefully considered the evidence presented by both the Australian Services Union and Sunstate Airlines. The Commission found that the proposed agreement provided terms and conditions that were fair and reasonable for the flight attendants, taking into account the industry standards and the specific circumstances of Sunstate Airlines. The agreement was deemed to comply with the statutory requirements and included provisions that were in the best interests of the employees. Therefore, the Commission approved the Sunstate Airlines Pty Ltd Flight Attendants’ Enterprise Bargaining Agreement 2016, considering it to be a fair and reasonable agreement that met the requirements of the Fair Work Act.

The Fair Work Commission's final order was to approve the Sunstate Airlines Pty Ltd Flight Attendants’ Enterprise Bargaining Agreement 2016, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will govern the employment of the flight attendants, ensuring they receive fair pay, reasonable working hours, and appropriate leave entitlements. The decision provides certainty and stability for both the employees and the employer, while also upholding the statutory requirements for enterprise bargaining agreements under the Fair Work Act.

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