The Qantas Group The Australian Licensed Aircraft Engineers Association

[2013] FWC 458

[2013] FWC 458

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

The Qantas Group

The Australian Licensed Aircraft Engineers Association

(AM2012/148 and AM2012/275)

Airline operations
VICE PRESIDENT WATSON	SYDNEY, 29 JANUARY 2013

Application to vary the Airline operations - Ground Staff Award 2010 - Two yearly review of awards- variations made to reflect changes to Civil Aviation Safety Authority Regulations - repeal of Civil Aviation Regulation 31 - variations to correct anomalies- insertion of transitional arrangements to deal with variations - Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Sch. 5, Item 6.

Introduction

[1] This decision, edited from the decision on transcript of 17 January 2013, concerns applications by the Qantas Group (Qantas) and The Australian Licensed Aircraft Engineers Association (ALAEA) to vary the Airline Operations - Ground Staff Award 2010 (The Award). The applications are made under Sch. 5, Item 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) as part of the review of all modern awards that the Fair Work Commission is required to conduct after the first two years of all modern awards coming into effect (2012 Review).

Background

[2] Both Qantas and the ALAEA seek to vary the Award as a result of changes made to the Civil Aviation Act 1988 and the Civil Aviation Safety Authority Regulations. The variations to the Award arise in particular as a result of the repeal of Civil Aviation Regulation 31(CAR 31) which provided for five categories of licensing for Licensed Aircraft Maintenance Engineers (LAMEs).

[3] Schedule B.3 of the Award contains the Maintenance and Engineering stream classifications descriptions which are based on the CAR 31 licensing system. The Licence payments in clause 21.21 of the Award are also based on the CAR 31 licensing system.

[4] With effect from 27 June 2011, new CASA Regulations (CASR Part 66) were introduced to replace CAR 31. The Part 66 licensing regulations introduce a new system for licensing aircraft maintenance engineers as well as new license categories.

[5] The applications were listed for mention and programming on 20 June 2012. At the mention, it was agreed that both applications related to proposed variations to the Award as a result of the repeal of CAR 31. It was agreed that the most appropriate way to deal with the applications was to convene a conference in July of interested parties with the objective of reaching a consensus, or narrowing the issues for determination in the proposed variations. Qantas, the ALAEA, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Industry Group all indicated that they wished to participate in the conference.

[6] Further conferences were held before me during the period of September to December 2012. The parties also convened several conferences amongst themselves in an attempt to continue to discuss the issues and reach a consensus. At the report back conference on 14 December 2012, the parties indicated that they had reached an agreement in principle to vary the Award and asked for the matter to be listed for hearing.

The variations

[7] At the hearing of the matter on 17 January 2013, the parties presented an agreed document 1 that addressed all the matters raised in the both applications. The variations proposed by consent in exhibit B1 are categorised as follows:

Transitional arrangements

[8] The parties submit that transitional arrangements have been inserted into the Award to protect stakeholders given the significance of the changes to clause 2 and schedule F. The transitional arrangements are designed to deal with any unanticipated issues that may arise from the new structure put in place and the amendments to the maintenance and engineering stream.

Substantive changes arising from the new CASA regulations, being the introduction of CASR Part 66

[9] The parties submit that due to the introduction of CASR Part 66 and the changes to the licensing system for LAMEs, the following clauses of the Award needed to be varied:

• the definitions clause in 3.1;



• the wage rates for the Maintenance and Engineering stream in clause 15.3;



• the allowances for the Maintenance and Engineering stream in clauses 21.4 and 21.21 through to 21.26 and



• the classifications in the Maintenance and Engineering scheme in Schedule B, clauses B.3.7 - B.3.11.

Changes to classifications for non LAMEs

[10] The parties submit that clauses 15.3, 17.2 and clauses B.3.1 to B.3.6 of schedule B have been varied to provide a career path for non LAME’s employees in those classifications, to ensure consistency with other awards that contain similar classifications and to correct anomalies so that the Award reflects current training levels that are undertaken by non LAME employees.

Correcting anomalies

[11] The parties submit that clauses 21.1, 21.24 and 24.1 have been varied to correct anomalies or issues that have arisen from translating the provisions of the Aircraft Engineers

(General Aviation) Award into the Award during the Part 10A award modernisation process.

[12] It is in the interests of all parties that are bound and affected by the Award, that the Award is up to date and is as clear as possible. I am conscious of the significant effort of the parties involved in the proceedings before me to reach the point of full agreement on variations to the Award as part of the 2012 Review.

[13] I am satisfied that the principles for reviewing the Award under schedule 5 item 6 of the Transitional Act are met in the circumstances of this matter and I will make a determination varying the Award to give effect to the agreement reached by the parties in conjunction with issuing this decision (PR533545).

[14] The review of this Award will not be formally completed until all matters concerning the Award are dealt with, in this case, by full benches which are dealing with outstanding matters.

VICE PRESIDENT WATSON

Appearances:

R. Bernasconi with K. Srdanovic for the Qantas Group

G Norris with N Speers for The Australian Licensed Aircraft Engineers Association

S Taylor for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

A. Kentish for Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Z. Angus for The Australian Workers’ Union

M. Mead for the Australian Industry Group

Hearing details:

2012.

Sydney.

June 20

2013.

Sydney.

January 17.

 1   Exhibit B1.

Printed by authority of the Commonwealth Government Printer

<Price code C, MA000122  PR533349>