Airbus Australia Pacific Limited Trading AS Airbus Australia Pacific

[2025] FWCA 2958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airbus Australia Pacific Limited Trading AS Airbus Australia Pacific

(AG2025/2669)

AIRBUS AUSTRALIA PACIFIC (BRISBANE) STORES AND WAREHOUSE ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER HUNT	BRISBANE, 2 SEPTEMBER 2025

Application for approval of the Airbus Australia Pacific (Brisbane) Stores and Warehouse Enterprise Agreement 2025

Airbus Australia Pacific Limited T/A Airbus Australia Pacific (the Employer) has applied for approval of an enterprise agreement known as the Airbus Australia Pacific (Brisbane) Stores and Warehouse Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 1 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, Airbus Australia Pacific Limited, trading as Airbus Australia Pacific, applied for the approval of the Airbus Australia Pacific (Brisbane) Stores and Warehouse Enterprise Agreement 2025. The application was brought before the Commission in an effort to formalise and legalise the terms of employment for certain employees within the company's Brisbane stores and warehouse operations. The nature of the dispute was centred on the adequacy and fairness of the proposed enterprise agreement, which was to govern the conditions of employment for a specific group of employees within Airbus Australia Pacific's operations.

The legal issues that the Commission needed to resolve pertained to the fairness and appropriateness of the proposed agreement. Specifically, the Commission had to determine whether the agreement met the legal standards set forth in the Fair Work Act 2009, including whether it contained the minimum terms and conditions mandated by the Act, and whether it was free from any unfair content that could be detrimental to the employees. The Commission also had to consider whether the agreement was genuinely negotiated between the employer and the employees, and whether it provided a fair and equitable outcome for all parties involved.

Upon reviewing the application and the contents of the proposed enterprise agreement, the Commission found that the agreement was fair and appropriate. The Commission determined that the agreement contained the minimum terms and conditions as required by the Fair Work Act 2009, and that it was free from any unfair content that could be detrimental to the employees. The Commission also found that the agreement was genuinely negotiated between Airbus Australia Pacific and the employees, and that it provided a fair and equitable outcome for all parties involved. Consequently, the Commission approved the Airbus Australia Pacific (Brisbane) Stores and Warehouse Enterprise Agreement 2025, thereby formalising and legalising the terms of employment for the employees within Airbus Australia Pacific's Brisbane stores and warehouse operations.

The final orders of the Commission included the approval of the Airbus Australia Pacific (Brisbane) Stores and Warehouse Enterprise Agreement 2025, which now governs the conditions of employment for the specified group of employees within Airbus Australia Pacific's Brisbane stores and warehouse operations. The agreement came into effect from the first day of the month following the Commission's decision, and all parties were directed to comply with the terms and conditions set forth in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established