In late January, the full bench of Fair Work Australia (FWA) made its first workplace determination by endorsing the consent arrangement between the Australian Licensed Aircraft Engineers Association (ALAEA) and Qantas. The workplace determination followed the employer action by Qantas late last year.
Under section 267 of the Fair Work Act 2009 (Cth) the Tribunal, in making a workplace determination, must include the terms that FWA considers deal with the matters that were still at issue at the end of the post-industrial action negotiating period. At the conclusion of this period, a number of matters were still in issue. However between the end of this period and the time of the arbitration all these matters had been resolved between the parties. In making these terms, the Tribunal, , effectively approved the agreement between the parties
The workplace determination will operate until the end of 2014. It is largely based on EBA 8 with some agreed modifications.