DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Australia Pacific Limited T/A Airbus Australia Pacific
(AG2019/4840)

AIRBUS AUSTRALIA PACIFIC (RICHMOND) ENTERPRISE AGREEMENT 2019

Airline operations
DEPUTY PRESIDENT CROSS	SYDNEY, 26 MARCH 2020

Application for approval of the Airbus Australia Pacific (Richmond) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Richmond) Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Airbus Australia Pacific Limited T/A Airbus Australia Pacific approached the Fair Work Commission for approval of the Airbus Australia Pacific (Richmond) Enterprise Agreement 2019. The applicant and the respondent, Aerospace, Aviation and Defence Industry Superannuation Fund, were unable to reach a resolution on the terms of the agreement, necessitating the intervention of the Fair Work Commission. The central dispute revolved around the approval of the proposed enterprise agreement, specifically addressing the terms related to employee entitlements, including leave provisions, pay rates, and other conditions of employment.

The primary legal issues before the court were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for a fair and reasonable outcome for all parties involved. The court had to determine whether the agreement adhered to the minimum standards prescribed by the Act, including provisions on minimum wages, leave entitlements, and procedural fairness. Additionally, the court considered whether the agreement adequately balanced the interests of the employer and the employees, ensuring that it did not unduly disadvantage any party.

In its reasoning, the court examined the specific terms of the proposed agreement in light of the statutory requirements and relevant case law. The court found that the agreement contained provisions that met the minimum standards set by the Fair Work Act, including adequate provisions for leave, wages, and other employment conditions. The court also noted that the agreement provided for procedural fairness in its implementation and did not disadvantage either party in a manner that was unfair or unreasonable. Consequently, the court approved the Airbus Australia Pacific (Richmond) Enterprise Agreement 2019, finding that it was compliant with the Act and balanced the interests of both the employer and the employees.

The court ordered the approval of the Airbus Australia Pacific (Richmond) Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement, subject to the terms and conditions set out therein.

Airbus Australia Pacific Limited T/A Airbus Australia Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established