DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Australia Pacific Limited T/A Airbus
(AG2018/2034)

AIRBUS GROUP (MRH BRISBANE OPERATIONS) ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER LEE	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Airbus Group (MRH Brisbane Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group (MRH Brisbane Operations) Enterprise Agreement 2017 (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 T/A Airbus. 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.

[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 Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airbus Australia Pacific Limited T/A Airbus applied to the Fair Work Commission for approval of the Airbus Group (MRH Brisbane Operations) Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement, fairly and properly made, and met the criteria for approval.

The Commission examined the process through which the agreement was formed, including whether it involved genuine bargaining, was not made under duress or in an environment of coercion, and was properly presented to the workforce. The applicant provided evidence of the negotiation process and consultation with the workforce, while the union argued that the process was flawed. After considering the evidence and submissions from both parties, the Commission found that the agreement was genuinely made and did not contravene any provisions of the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that the process met the statutory requirements.

Consequently, the Commission approved the agreement. The final orders included the approval of the enterprise agreement, with certain specified conditions to ensure ongoing compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, effectively setting out the terms and conditions of employment for those workers.

Airbus Australia Pacific Limited T/A Airbus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established