Airbus Australia Pacific Limited T/A Airbus Australia Pacific Summary

[2022] FWCA 1615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airbus Australia Pacific Limited T/A Airbus Australia Pacific

(AG2022/1335)

Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2021

Airline operations
COMMISSIONER MATHESON	SYDNEY, 13 MAY 2022

Application for approval of the Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2021 (Agreement). The application was made by Airbus Australia Pacific Limited T/A Airbus Australia Pacific (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, 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 May 2022. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Australia Pacific Limited, trading as Airbus Australia Pacific, applied for approval of the Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2021 (Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth). The legal issue was whether the Agreement met the necessary requirements for approval under the Fair Work Act and whether it complied with the National Employment Standards (NES). Additionally, the Australian Workers’ Union, a bargaining representative for the Agreement, had notified its desire for the Agreement to cover it.

The court considered whether the Agreement complied with sections 186, 187, and 188 of the Fair Work Act. It was determined that the more beneficial entitlements of the NES would prevail if there were inconsistencies between the Agreement and the NES. Commissioner Matheson concluded that all the relevant requirements for approval were met. Furthermore, the Agreement covered the organisation as it was noted by the Australian Workers’ Union.

Consequently, the Agreement was approved and would operate from 20 May 2022, with a nominal expiry date of 31 July 2024. The court found that the Agreement was consistent with the Fair Work Act and the NES, and it covered the organisation as intended.

Airbus Australia Pacific Limited T/A Airbus Australia Pacific

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established