Airbus Australia Pacific Limited Summary

[2021] FWCA 5934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Australia Pacific Limited
(AG2021/7052)

AIRBUS AUSTRALIA PACIFIC (DARWIN) ENTERPRISE AGREEMENT
2020

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2021

Application for approval of the Airbus Australia Pacific (Darwin) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Darwin) Enterprise Agreement 2020 (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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Licenced Aircraft Engineer’s Association and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 6 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airbus Australia Pacific Limited (AAP) applied to the Fair Work Commission for approval of the Airbus Australia Pacific (Darwin) Enterprise Agreement 2020. The application was opposed by the Australian Manufacturing Workers Union (AMWU). The primary dispute between the parties was whether the agreement was in the best interests of the employees. The Fair Work Commission heard the matter, considering the submissions and evidence from both parties. The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it was in the best interests of the employees and whether it complied with the procedural requirements of the Act.

The court examined the provisions of the agreement, including wages, hours of work, and other conditions of employment. It also considered the submissions from both parties regarding the impact of the agreement on the employees' interests. The court concluded that the agreement was in the best interests of the employees and that it complied with the procedural requirements of the Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was negotiated in good faith between the parties. The court also found that the agreement provided for adequate protection of employees' rights and interests.

In light of the above, the court approved the Airbus Australia Pacific (Darwin) Enterprise Agreement 2020. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The court also found that the agreement complied with the procedural requirements of the Act. The court noted that the agreement provided for adequate protection of employees' rights and interests, and that it was negotiated in good faith between the parties. The final orders of the court were that the Airbus Australia Pacific (Darwin) Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009.

Airbus Australia Pacific Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established