Airbus Australia Pacific Limited Summary

[2024] FWCA 134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airbus Australia Pacific Limited

(AG2023/4231)

AIRBUS AUSTRALIA PACIFIC (TOWNSVILLE) ENTERPRISE AGREEMENT 2023

Airline operations
COMMISSIONER THORNTON	ADELAIDE, 11 JANUARY 2024

Application for approval of the Airbus Australia Pacific (Townsville) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Townsville) Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Airbus Australia Pacific (Oakey) Enterprise Agreement 2023’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be terms of the Agreement.

I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

Clauses 32, 47.3, and 39.5 may be inconsistent with the National Employment Standards (NES). Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 18 January 2024. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Airbus Australia Pacific Limited applied to the Fair Work Commission for the approval of the Airbus Australia Pacific (Townsville) Enterprise Agreement 2023, under section 185 of the Fair Work Act 2009. The application sought to approve the agreement, which is a single enterprise agreement governing airline operations. The Notice of Employee Representational Rights (NERR) distributed to employees listed a different title for the agreement, namely the Airbus Australia Pacific (Oakey) Enterprise Agreement 2023, but the Commissioner was satisfied that the slight departure from the NERR requirements did not affect the genuine agreement or disadvantage the employees. The Commissioner was also satisfied that the Applicant had provided written undertakings that would not cause financial detriment to any employee or result in substantial changes to the agreement.

The legal issues before the Commissioner included whether the agreement was genuinely agreed upon, whether the written undertakings would cause financial detriment to any employee, and whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009. The Commissioner was satisfied that the agreement was genuinely agreed upon, and the written undertakings would not cause financial detriment to any employee. The Commissioner also found that the agreement met the requirements of the relevant sections of the Act.

The Commissioner approved the agreement and directed that it would operate in accordance with section 54 of the Fair Work Act 2009 from 18 January 2024. The nominal expiry date of the agreement is 31 August 2024. The Commissioner was satisfied that the more beneficial entitlements of the National Employment Standards in the Act would prevail where there was an inconsistency between the agreement and the NES.

The final orders of the Commissioner were that the Airbus Australia Pacific (Townsville) Enterprise Agreement 2023 be approved, and that it would operate in accordance with section 54 of the Fair Work Act 2009 from 18 January 2024 until 31 August 2024.

Airbus Australia Pacific Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established