DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Australia Pacific Limited T/A Airbus
(AG2017/6382)

AIRBUS GROUP (EDINBURGH OPERATIONS) ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group (Edinburgh 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 Applicant 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 5 July 2018. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airbus Australia Pacific Limited, trading as Airbus, sought approval of the Airbus Group (Edinburgh Operations) Enterprise Agreement 2017 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute centred around the terms of the proposed agreement which was to be applied to the employees of Airbus' Edinburgh operations. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act and if it provided fair and reasonable terms for the employees.

The key legal issues that the Commission had to decide were whether the agreement was genuinely bargained between the employer and the employees, whether it contained only matters that are bargainable, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not discriminate against any class of employee or employer and that it complied with the safety net provisions of the Act.

The Fair Work Commission found that the agreement was genuinely bargained between the parties, as it was negotiated in good faith and the process was free from any undue influence. The Commission also determined that all the matters included in the agreement were indeed bargainable and did not exceed the scope of what is permitted under the Fair Work Act. Furthermore, the terms and conditions of employment provided by the agreement were deemed fair and reasonable, considering the industry standards and economic conditions. The agreement was found to be compliant with the safety net provisions and did not contain any discriminatory clauses.

The Fair Work Commission approved the Airbus Group (Edinburgh Operations) Enterprise Agreement 2017, subject to the conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to adhere to the terms and conditions set forth in the approved agreement.

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