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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Australia Pacific Limited, trading as Airbus Australia Pacific, applied for the approval of the Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2019, which had been negotiated with the Australian Workers’ Union. The application was heard by the Fair Work Commission, which had to decide whether the agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees covered by it. The Commission's task was to consider whether the agreement contained all the mandated terms and conditions, was free from prohibited content, and was not likely to have an adverse effect on employees' job security or remuneration.

The legal issues before the Commission included whether the agreement contained all the mandated terms and conditions as required by section 230 of the Fair Work Act 2009, whether it was free from prohibited content under section 231 of the Act, and whether it met the ‘better off overall test’ under section 233 of the Act. Additionally, the Commission had to determine whether the agreement was in the interests of the employees and whether the application for approval should be dismissed or granted.

The Commission found that the agreement contained all the mandated terms and conditions and was free from prohibited content. The Commission also determined that the agreement was in the interests of the employees as it provided for improved remuneration and conditions, and met the better off overall test. The Commission considered that the agreement was not likely to have an adverse effect on employees' job security or remuneration. The application for approval was therefore granted.

The Fair Work Commission approved the Airbus Australia Pacific (Edinburgh) Enterprise Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the addition of a clause to ensure that employees were not required to work beyond their scheduled hours without receiving appropriate remuneration or entitlements. The agreement was to commence on the first day of the month following the approval and would apply to all employees covered by it.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established