austlii:cth/FWCA/2026/775
General information, not legal advice.
FWCA
2026-03-26
Original judgment source is linked above.
s.222 - Enterprise agreement
AUSTRALIAN SERVICES UNION (QANTAS AIRWAYS LIMITED) AGREEMENT 12
Application for termination of the Australian Services Union (Qantas Airways Limited) Agreement 12
[1] On 16 March 2026, Qantas Airways Limited Trading As Qantas (Applicant) made an application to the Fair Work Commission (Commission) to terminate the Australian Services Union (Qantas Airways Limited) Agreement 12 (Agreement) under s.222 of the Fair Work Act 2009 (Act). The Agreement has a nominal expiry date of 30 June 2025.
[2] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:
"223 When the FWC must approve a termination of an enterprise agreement
If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:
(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and
(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and
(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and
(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."
[3] The application was supported by a Form F24A - declaration in support of termination of an enterprise agreement made on 16 March 2026 by Ms Amy Youlden, Senior Manager of Industrial Relations of the Applicant. Ms Youlden declared that:
On 3 and 4 November 2025, the Applicant held meetings with all relevant employees to discuss the proposed termination of the Agreement (including the effect of same on their employment terms and conditions), provided employees with a Q&A document, and responded to all additional questions raised by employees.
On 14 November 2025, the Applicant provided all relevant employees with the employment contract outlining the terms and conditions of employment that would apply should the Agreement be terminated, with commencement of the contracts conditional upon a termination application being supported by a majority vote of employees, and approved by the Commission.
From 14 to 25 November 2025, the Applicant held meetings with relevant employees to discuss the offers of employment, and address/answer any queries and questions;
On 25 November 2025, received back signed contracts from all relevant employees.
On 29 January 2026, advised all relevant employees by email that the Applicant would contact them shortly to commence the formal process of terminating the Agreement.
On 3 March 2026, notified all relevant employees by email and by telephone call that a vote on the termination application would be conducted from 4 to 6 March 2026 via online ballot, and provided instructions in the email for how to vote.
Between 3 and 6 March 2026, conducted ongoing phone calls to relevant employees directly from base managers to remind them of the vote and voting process.
From 4 to 6 March 2026, conducted the vote on the termination application.
[4] Ms Youlden confirms that the Agreement covers 13 employees, 11 of whom cast a valid vote, and all 11 of whom voted to approve the termination of the Agreement.
[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU), who is covered by the Agreement, was provided the Form F24 and Form F24A and directed to advise Chambers whether it opposes the application for termination on 25 March 2026. No submissions in opposition to the termination were filed by the ASU, or any other person.[1]
[6] Based upon the material that is before the Commission, including the Form F24 and Form F24A provided by the Applicant, I am satisfied that the requirements of s.223(a) and (b) of the Act have been met. I am also satisfied, on the evidence before me, that there are no other reasonable grounds for believing that relevant employees have not approved the termination (s.223(c)), and that it is appropriate to approve the termination of the Agreement (which has already been approved by relevant employees).
[7] In accordance with s.223 of the Act, I approve the termination of the Agreement. In accordance with s.224 of the Act, the termination of the Agreement will come into effect from the date of this Decision (i.e. 26 March 2026).
[1] The ASU has advised Chambers in writing that it does not have a view on the termination of the Agreement.
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