Sunstate Airlines (QLD) Pty Ltd T/A QantasLink Summary

[2021] FWCA 6376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstate Airlines (QLD) Pty Ltd T/A QantasLink
(AG2021/7649)

SUNSTATE AIRLINES (QLD) PTY LIMITED PILOTS ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 22 OCTOBER 2021

Application for approval of the Sunstate Airlines (QLD) Pty Limited Pilots Enterprise Agreement 2019

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Airlines (QLD) Pty Limited Pilots Enterprise Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Federation of Air Pilots (AFAP) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AFAP.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a pilots' enterprise agreement made by Sunstate Airlines (QLD) Pty Ltd trading as QantasLink. The applicant sought to have the agreement approved under the Fair Work Act 2009, ensuring it met the necessary legal standards and did not unfairly disadvantage any party involved. The Commission was tasked with examining the agreement to determine if it complied with the provisions of the Act and if it facilitated a fair and efficient workplace.

The central legal issues before the Commission were whether the enterprise agreement provided for a fair and efficient workplace, and whether it complied with the procedural requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement adhered to the provisions relating to direct engagement, good faith bargaining, and the absence of provisions that could be considered against the public interest. Furthermore, the Commission needed to consider whether the agreement contained all the terms and conditions of employment as required by the Act.

The Fair Work Commission concluded that the agreement met the necessary criteria for approval. It was found to be the product of direct engagement between the parties and good faith bargaining, and it did not contain any provisions that were contrary to the public interest. The Commission determined that the agreement provided for a fair and efficient workplace, and it complied with all relevant provisions of the Fair Work Act. Consequently, the application for the approval of the Sunstate Airlines (QLD) Pty Ltd Pilots Enterprise Agreement 2019 was granted.

The Commission ordered that the agreement be approved and registered under the Fair Work Act, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable between the parties involved.

Sunstate Airlines (QLD) Pty Ltd T/A QantasLink

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established