[1] An application has been made for approval of a variation to the Team Jetstar Cabin Crew Agreement 2023 (the Agreement). The application was made by Jetstar Group Pty Ltd T/A Team Jetstar pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variations related to agreed:

• increases in the annual base salary (clause 3.2),

• increases to the flying allowance (clause 5.1.1),

• increases to the ICM allowance (clause 5.1.3),

• the introduction of a Back of the Clock Allowance (new clause 5.10),

• the introduction of a Cancelled Accommodation Allowance (new clause 5.11),

• changes to the standby credits (clause 9.5), and

• various machinery or consequential amendments.

[3] The Applicant provided written undertakings as part of the original approval of the Agreement. As those undertakings became a term of the Agreement, they remain a term of the Agreement as varied (unless the variation amended those undertakings, which was not the case for the current undertaking). A copy of the undertakings is attached in Annexure A. At the original approval of the Agreement, clause 16.1(a) was varied under section 218A of the Act[1] to correct an obvious error - that variation remains unchanged and is incorporated into the consolidated version of the Agreement attached to this decision.

[4] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] An issue was raised by me whether there was a requirement under s.205A of the Act for the Agreement, as varied, to include a workplace delegates' rights term. I am satisfied that there is no such requirement, as s.205A has no application to making a 'variation', as distinct from an 'agreement'. No party contended otherwise and, in fact, my attention was helpfully drawn to a decision of Deputy President Saunders on point in [2024] FWCA 4143 at [39]. I respectfully agree with the Deputy President's observations on that issue and also conclude that s.205A has no application where (as here) the original enterprise agreement was made before 1 July 2024.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, I specify that the variation operates from 3 April 2025.

[1] [2024] FWCA 208 at [36] - [38].

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