Airbus Australia Pacific Limited T/A Airbus Australia Pacific; Australian Workers’ Union, The

[2019] FWCA 8411

[2019] FWCA 8411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Australia Pacific Limited T/A Airbus Australia Pacific; Australian Workers’ Union, The
(AG2019/4415)

AIRBUS AUSTRALIA PACIFIC (EDINBURGH) ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER PLATT	ADELAIDE, 12 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Airbus Australia Pacific Limited T/A Airbus Australia Pacific; Australian Workers’ Union. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 November 2019.

[3] On 29 November 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 December 2019. The undertaking deals with the following topics:

•  The definition of shiftworker contained in clause 22.2.1 of the Agreement will also be for the purposes of the National Employment Standards (NES) and shiftworkers will be provided with an additional one week paid leave.

•  The quantum and accrual of personal leave shall not be less than that provided by the NES.

•  Carers leave will be provided in accordance with the NES.

•  Casual employees will not be rostered to work solely on Sundays or Public Holidays, Christmas Day or Good Friday. In the event that casual employees are rostered to work solely on these holidays, they will be paid penalty rates in accordance with the Airlines Operations – Ground Staff Award 2010.

•  The Applicant has inserted a NES precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2021.

COMMISSIONER

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