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| Words: 3443 | Submitted: 18-Mar-2012
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DescriptionQantas submits to Fairwork review
This submission is made on behalf of the Qantas Group. The Qantas Group comprises a number of companies the most prominent of which are:
Qantas Airways Limited;
Qantas Freight; and
Qantas Frequent Flyer.
The listing of all the controlled entities is provided at pages 94 to 97 of the Qantas Annual Report 2011.
The Qantas Group has over 32,000 (full time equivalent) employees (Qantas Annual Report 2011) of which over 90% are employed in Australia.
The Qantas group is highly unionised. It has 48 Enterprise Bargaining Agreements (EBAs) and regularly deals with the following unions:
AIPA (Australian International Pilots Association)
AFAP (Australian Federation of Airline Pilots)
ASU (Australian Services Union)
ALAEA (Australian Licensed Aircraft Engineers’ Association)
AMWU (Australian Manufacturing Workers’ Union)
AWU (Australian Workers’ Union)
CEPU (Communications Electrical & Plumbing Union)
FAAA Long Haul (Flight Attendants Association of Australia Long Haul)
FAAA Short Haul (Flight Attendants Association of Australia Short Haul)
United Voice (formerly LHMWU)
NUW (National Union of Workers)
TWU (Transport Workers Union).
A list of EBAs is included at Attachment A.
This submission is made in response to a number of questions raised in the Fair Work Act Review Background Paper, January 2012 (Background Paper). The questions addressed in this submission are based on our experience of the operation of the Fair Work Act (FW Act) to date.
2. RESPONSE TO SPECIFIC QUESTIONS
Question 2. Can the Fair Work Act provide flexibility for business and is this being achieved? If so, how? If not, why not?
In our experience the Fair Work Act (FW Act) has had the effect of limiting business flexibility. This is particularly because of the operation of the following features of the FW Act:
Adverse Action provisions;
Transfer of business provisions; and
Removal of prohibited content from enterprise agreements.
Our experience with these provisions is set out in more detail in response to specific questions. A number of the questions dealing with productivity have been answered as a set.
2.2 Bargaining and Agreement making
Question 5. Has the Fair Work Act’s focus on enterprise collective bargaining helped to achieve productivity and fairness?
Question 6. What has been the impact if any, of the Fair Work Act on labour productivity?
Question 20. Does the bargaining framework promote discussion and uptake of measures improves productivity?
Question 21. How have employers pursued productivity improvements during bargaining for a new enterprise agreement? Are there any obstacles to achieving productivity improvements in bargaining legislation? How do these obstacles differ from the situation that existed prior to the Fair Work Act?
Question 23. What has been the impact of allowing a wider range of matters to be included in enterprise agreements by removing the “prohibited content” provided under the Workplace Relations Act? What has been the impact on bargaining and productivity? What has been the impact on the employees’ capacity to be represented in the workplace?
The Qantas Group ...
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