austlii:cth/FWCA/2025/2172
General information, not legal advice.
FWCA
2025-07-02
Commissioner P
Original judgment source is linked above.
s.185 - Enterprise agreement
QANTAS AIRWAYS LIMITED (AWU, AMWU, CEPU) BRISBANE BASE MAINTENANCE AGREEMENT 7
Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7
[1] Qantas Airways Limited (Employer) has made an application for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 7 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] One issue I raised with the parties concerned the rates of pay for apprentices. In response to this issue being raised, the Employer submitted that the wage rates for apprentices set out in Table 3 of Annexure A to the Agreement contained errors. The Employer subsequently made an application pursuant to s.218A to amend Table 3 of Annexure A. Each of the union bargaining representatives either support, or do not oppose, the s.218A application.
[3] Having regard to the material before me, I am satisfied that Table 3 of Annexure A contains obvious errors as contemplated by s.218A, and that I should exercise my discretion to amend the Agreement by deleting Table 3 of Annexure A and inserting in its place:
[4] This variation will operate from 2 July 2025.
[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to the issues identified, and the Statement of Principles.[1]
[6] I observe that clause 29.1.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), the Australian Workers' Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
[8] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU, the AWU, and the CEPU.
[9] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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