Decision handed down
Link here -
[2011] FWAFB 3706
Many interesting observations made by FWA in their 2-1 decision.
The final 4 paragraphs from SDP Drake, are of note:
[130] I have concluded that Qantas Airways Limited (Qantas) does not exercise “a very high degree of control” or “a considerable degree of control” in relation to Jetconnect. I have concluded that Qantas’ control over Jetconnect is total.
[131] There were a number of discretionary factors relied on by Jetconnect which Jetconnect submitted weighed against any amendment of the award. The certified agreement between Jetconnect and its pilots expired on 26 May 2011. Now is perhaps a good time to consider these issues. I do not believe it is this Tribunal’s role to consider such matters in an application such as this. The application of the award is not a matter which should be set aside for discretionary commercial considerations. Qantas has entered into commercial agency arrangements with Jetconnect. It may have to reconsider them.
[132] I am persuaded by AIPA’s submission that Jetconnect is a fully owned subsidiary of Qantas which is acting as the agent of Qantas for the operation of Qantas’ short haul operations and the employment of staff, including pilots.
[133] The award is binding upon Qantas, and on Jetconnect as its agent, in respect of pilots employed by Qantas and by Jetconnect, in Qantas short haul operations, which operations include trans Tasman flights operated by Jetconnect. There is no ambiguity. The award does not require amendment.