DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Airbus Group Australia Pacific Limited
(AG2015/2165)

AIRBUS GROUP AUSTRALIA PACIFIC (TOWNSVILLE OPERATIONS) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 25 MARCH 2015

Application for approval of the Airbus Group Australia Pacific (Townsville Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group Australia Pacific (Townsville Operations) Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airbus Group Australia Pacific Limited (the Applicant). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Applicant has requested that the Commission not include for publication Schedule A to the Agreement, which contains the actual rates of pay and allowances contained in the Agreement. The basis for this request involves matters of commercial sensitivity. I am prepared to grant this request and the Agreement will be published without Schedule A to the Agreement being disclosed.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Group Australia Pacific Limited applied to the Fair Work Commission for approval of the Airbus Group Australia Pacific (Townsville Operations) Enterprise Agreement 2014. The application followed a series of negotiations between Airbus and the Australian Manufacturing Workers’ Union, which represents the employees at the Townsville operations. The dispute centred on the terms and conditions of employment for the workers, as outlined in the proposed agreement.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its procedural fairness and the compliance of its terms with the national employment standards. Airbus argued that the agreement was fairly negotiated and met all necessary legal criteria, while the union raised concerns about the procedural fairness of the bargaining process and the adequacy of certain terms in the agreement.

In its decision, the Commission found that the agreement had been fairly negotiated and met all procedural requirements under the Act. The Commission also determined that the terms of the agreement were consistent with the national employment standards and did not disadvantage employees in a way that would contravene the Act. The Commission approved the agreement, noting the importance of the agreement in maintaining industrial harmony and recognising the significant contributions of the employees to Airbus’ operations.

The Commission's final order was the approval of the Airbus Group Australia Pacific (Townsville Operations) Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the workers at the Townsville operations until superseded by a new agreement or terminated in accordance with the Act.

Airbus Group Australia Pacific Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established