Thai Airways International Public Company Limited

[2025] FWCA 52

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Thai Airways International Public Company Limited

(AG2024/4699)

THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED EMPLOYEE ENTERPRISE AGREEMENT 2024

Airline operations
DEPUTY PRESIDENT ROBERTS	SYDNEY, 7 JANUARY 2025

Application for approval of the Thai Airways International Public Company Limited Employee Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Thai Airways International Public Company Limited Employee Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thai Airways International Public Company Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 31A, Workplace delegates’ rights, in the Airline Operations – Ground Staff Award 2020 is to be taken to be a term of the Agreement.

I note that Clause 6.1 of the Agreement provides that:

“This Agreement will be read and interpreted in conjunction with the NES. Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency.”

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Thai Airways International Public Company Limited, represented by its legal team, sought approval for the Thai Airways International Public Company Limited Employee Enterprise Agreement 2024, from the Fair Work Commission. The respondents to this application included various employee unions. The core dispute centered on whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly in terms of the procedural fairness and the adequacy of the consultation process with the employees. The case was heard by the Fair Work Commission, which had the authority to assess the fairness of the agreement and the processes involved.

The legal issues before the court included whether the consultation process was conducted in good faith and with sufficient transparency to ensure employees were adequately informed and had the opportunity to contribute to the agreement. Another critical issue was whether the proposed agreement met the statutory requirements of the Fair Work Act, including the need for it to provide for certain minimum terms and conditions of employment. Additionally, the court had to determine if the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms.

The court found that the consultation process was generally conducted in good faith and that the agreement provided for the required minimum terms and conditions as stipulated by the Fair Work Act. The court was satisfied that the process allowed for meaningful employee participation and that the terms of the agreement were fair and reasonable. The court also determined that the agreement was in the best interests of the employees, considering the balance of rights and obligations between the parties. Therefore, the court approved the proposed enterprise agreement, finding it compliant with the statutory requirements and fair to the employees.

The final orders included the approval of the Thai Airways International Public Company Limited Employee Enterprise Agreement 2024, with the conditions that the agreement would be registered with the Fair Work Commission. The court directed that the agreement would come into effect on a specified date, ensuring all parties were aware of the terms and conditions from that time forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established