Airbus Australia Pacific Limited T/A Airbus

[2022] FWCA 3674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airbus Australia Pacific Limited T/A Airbus

(AG2022/4189)

Airbus Australia Pacific (Brisbane) Enterprise Agreement 2022

Airline operations
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2022

Application for approval of the Airbus Australia Pacific (Brisbane) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Brisbane) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Airbus Australian Pacific Limited T/A Airbus. The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Workers’ Union (AWU), 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Australia Pacific Limited, trading as Airbus, applied to the Fair Work Commission for the approval of the Airbus Australia Pacific (Brisbane) Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute centred on whether the agreement complied with the statutory requirements for registration, particularly in relation to the coverage of the agreement, the provisions regarding pay and conditions, and the procedural fairness in the agreement's negotiation.

The court was required to decide whether the enterprise agreement met the criteria outlined in the Fair Work Act, including whether the agreement contained the mandatory terms set out in Schedule 2 of the Act, whether it was fairly negotiated, and if it adequately represented the interests of the employees covered by the agreement. The court also had to assess whether the process by which the agreement was negotiated was procedurally fair and if there was sufficient representation of the employees involved.

In its reasoning, the Fair Work Commission determined that the Airbus Australia Pacific (Brisbane) Enterprise Agreement 2022 complied with the statutory requirements for registration. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act, and that it had been fairly negotiated and represented the interests of the employees. The process of negotiation was deemed procedurally fair, with adequate representation of the employees involved. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The Fair Work Commission ordered that the Airbus Australia Pacific (Brisbane) Enterprise Agreement 2022 be approved and registered as a certified agreement, effective from the date of the decision. The agreement would now provide the legal framework for the employment conditions of the employees covered by the agreement, subject to the terms and conditions specified within the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established