Application by Qantas Airways Limited
Citation: [2026] FWC 3326
At a glance
- Employees affected
- 133
- Awards cited
- MA000013
What happened
Qantas Airways Limited wants to transfer employees from Sunstate Airlines (QantasLink) and Eastern Australia Airlines (QantasLink) to Qantas. These employees perform customer service roles. Sunstate employees are covered by the Sunstate Airlines (QLD) Pty Ltd and Australian Services Union Enterprise Agreement 2023. Eastern employees are covered by the Eastern Australia Airlines Pty Limited and Australian Services Union Agreement 2023 and the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2024. Qantas has offered employment to 58 Sunstate employees, 61 Eastern employees, and 14 Eastern supervisors, all of whom have accepted. Qantas seeks orders to ensure these employees transfer to the Australian Services Union (Qantas Airways Limited) Enterprise Agreement 13.
What was decided
The Fair Work Commission has decided to grant Qantas’s requests. The Commission found Qantas is the 'new employer' and a transfer of business has occurred. The Commission considered factors including the views of Qantas and the union (Australian Services Union), potential disadvantages to employees, expiry dates of agreements, productivity impacts, economic disadvantage to Qantas, synergy between agreements, and the public interest. The Commission found the employees would not be disadvantaged and the orders would promote efficiency and be in the public interest. The Sunstate and Eastern agreements will no longer cover Qantas and the transferring employees, who will instead be covered by the ASU EA 13.
What it means for employers
Employers undertaking business transfers need to consider the impact of existing enterprise agreements and how to ensure a smooth transition for employees. Seeking Commission orders can be a way to align agreements and avoid operational inefficiencies. Consultation with unions is important, as demonstrated by the ASU’s support for Qantas’s application.
What it means for employees
Employees transferring to a new employer should be aware of how their terms and conditions of employment might change. In this case, transferring employees will be covered by a different enterprise agreement. Employees should seek clarification from their union or employer if they have concerns about their employment conditions.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections