Airbus Australia Pacific Summary

[2024] FWCA 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airbus Australia Pacific

(AG2023/5489)

AIRBUS AUSTRALIA PACIFIC (RICHMOND) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 6 FEBRUARY 2024

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

An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Richmond) Enterprise Agreement 2023 pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 11 May 2022. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to 6 June 2023.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 1 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Airbus Australia Pacific, sought approval of an enterprise agreement with its employees, as represented by the union. The dispute was heard in the Fair Work Commission, where the union opposed the application on the grounds that the agreement did not meet the requirements for approval. The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement was genuinely an enterprise agreement, was made in good faith, and complied with the Act. The Commission noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining, and that the parties had engaged in genuine negotiations to reach the agreement.

The union argued that the agreement did not meet the requirements for approval because it did not provide for a proper process for resolving disputes between the parties. However, the Commission rejected this argument, finding that the agreement contained a dispute resolution process that was consistent with the principles of enterprise bargaining. The Commission also noted that the agreement provided for a mechanism for reviewing the effectiveness of the dispute resolution process, which was a positive feature of the agreement. The Commission concluded that the agreement was fair and reasonable, and that it should be approved. The Commission noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining, and that the parties had engaged in genuine negotiations to reach the agreement.

The Fair Work Commission approved the Airbus Australia Pacific (Richmond) Enterprise Agreement 2023, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement was genuinely an enterprise agreement, was made in good faith, and complied with the Act. The Commission noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining, and that the parties had engaged in genuine negotiations to reach the agreement. The Commission also noted that the agreement provided for a mechanism for reviewing the effectiveness of the dispute resolution process, which was a positive feature of the agreement. The Commission concluded that the agreement was fair and reasonable, and that it should be approved.

The final orders of the Commission were that the Airbus Australia Pacific (Richmond) Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission, and would be in effect from the date of registration. The Commission also ordered that the application be notified to the parties and the relevant parties' employees.

Airbus Australia Pacific

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established