Airbus Australia Pacific Limited

[2023] FWCA 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Airbus Australia Pacific Limited

(AG2022/5444)

APPLICATION FOR APPROVAL OF THE AIRBUS AUSTRALIA PACIFIC (OAKEY) ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER SPENCER	BRISBANE, 13 JANUARY 2023

Application for approval of the Airbus Australia Pacific (Oakey) Enterprise Agreement 2019

An application has been made for approval of an enterprise agreement known as the Australia Pacific (Oakey) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airbus Australia Pacific Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Licensed Aircraft Engineers Association (ALAEA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2023. The nominal expiry date of the Agreement is 6 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Australia Pacific Limited applied to the Fair Work Commission for approval of the Airbus Australia Pacific (Oakey) Enterprise Agreement 2019. The application was made under the Fair Work Act 2009. Airbus Australia Pacific Limited sought to have the agreement approved as a simple or low complexity agreement, which would allow it to be registered by the Commission without a vote of the employees. Airbus Australia Pacific Limited argued that the agreement was straightforward and did not involve complex terms or conditions of employment.

The Commission considered whether the agreement met the criteria for approval as a simple or low complexity agreement. The criteria included whether the agreement contained complex terms or conditions of employment, whether it involved multiple employers or employees, and whether it contained provisions that were not in the best interests of the employees. The Commission found that the agreement did not meet the criteria for approval as a simple or low complexity agreement. The agreement contained complex terms and conditions of employment, and it involved multiple employers and employees. The Commission also found that the agreement contained provisions that were not in the best interests of the employees.

The Commission refused to approve the agreement as a simple or low complexity agreement. Airbus Australia Pacific Limited was required to seek approval of the agreement through a vote of the employees. The Commission noted that the agreement was not unfair to the employees, but it was not straightforward enough to be approved without a vote. Airbus Australia Pacific Limited was required to take the necessary steps to have the agreement approved by the employees. The Commission made an order that the application for approval of the Airbus Australia Pacific (Oakey) Enterprise Agreement 2019 be refused.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established