Transport Workers' Union of Australia v Aviation Industry Resources Pty Ltd trading as Altara Resources

[2025] FWC 2125

[2025] FWC 2125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.306E - Application for a regulated labour hire arrangement order

Transport Workers' Union of Australia
v

Aviation Industry Resources Pty Ltd trading as Altara Resources

(C2024/5556)

DEPUTY PRESIDENT BOYCE SYDNEY, 1 AUGUST 2025

Application for a regulated labour hire arrangement order in respect of Aviation Industry Resources Pty Ltd trading as Altara Resources in relation to work performed by cabin crew for Jetstar Airways Pty Limited; Application for an alternative protected rate of pay order by Jetstar Airways Pty Limited; both applications granted and relevant orders made

1. The Transport Workers’ Union of Australia (TWU) has applied under s.306E of the Fair Work Act 2009 (Act) for a Regulated Labour Hire Arrangement Order (RLHAO) to apply to Aviation Industry Resources Pty Ltd trading as Altara Resources (Altara) as the employer, and Jetstar Airways Pty Limited (Jetstar) as the regulated host (TWU Application).

1. Jetstar has also applied under s.306M of the Act for an Alternative Protected Rate of Pay Order (APROPO) (Jetstar Application).

1. The TWU (and its employee members), Altara, and Jetstar, all support both applications being granted.  That said, the support of Altara and Jetstar in respect of the TWU Application is conditional upon the APROPO being granted.  The summary is that the RLHAO will require relevant Altara employees (working for Jetstar) to be paid no less than a protected rate of pay (PROP) calculated by reference to one enterprise agreement, whereas the APROPO will give rise to the PROP being substituted, such that it will be calculated by reference to another (i.e. alternative and different) enterprise agreement (APROP).

1. Directions were issued for the filing and serving of submissions and evidence in respect of the TWU Application, and the Jetstar Application, and a hearing was conducted in Sydney on 24 July 2025.

1. At the hearing, Mr Philip Boncardo, of Counsel, instructed by Ms Lorraine Biviano, Legal Officer, appeared (with permission) for the TWU, Mr Richard Dalton KC, of Counsel, and Mr Nico Burmeister, of Counsel, instructed by Ms Kathy Srdanovic, Partner, and Ms Ruby Kambelos, Senior Associate, Ashurst lawyers, appeared (with permission) for Jetstar, and Mr Andrew Pollock, of Counsel, instructed by Mr Adam Lambert, Principal Solicitor, KHQ Lawyers, appeared (with permission) for Altara.

Factual background

1. The parties have filed a joint agreed statement of facts.[1]  On the basis of these agreed facts,[2] I make the following findings:

a)Altara is a registered constitutional corporation pursuant to the Corporations Act 2001 and national system employer within the meaning of the Act.

b)Jetstar is a registered constitutional corporation pursuant to the Corporations Act 2001 and a national system employer within the meaning of the Act.

c)The TWU is entitled to represent the industrial interests of its members employed by Altara pursuant to Rule 4, Annexure B, (A)(1)(a) of the TWU's eligibility rules.

d)Altara’s employees…