DECISION

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

Airbus Group Australia Pacific Limited
(AG2014/10724)

AIRBUS GROUP AUSTRALIA PACIFIC (OAKEY OPERATIONS) ENTERPRISE AGREEMENT

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 18 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group Australia Pacific (Oakey 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 the Airbus Group Australia Pacific Limited. The agreement is a single enterprise agreement.

[2] 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.

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

[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 (Oakey Operations) Enterprise Agreement 2014. The application was made under section 234 of the Fair Work Act 2009, which requires that the agreement meets the “better off overall test” and is free from prohibited content. The nature of the dispute was primarily focused on whether the proposed agreement complied with the legislative requirements and provided adequate protections and benefits to the employees.

The key legal issues before the Commission were whether the proposed agreement met the “better off overall test” and whether it contained any prohibited content. The “better off overall test” requires that the proposed agreement should not put employees or employers worse off than their existing rights and entitlements, and that overall, it should provide a benefit to the parties. The Commission also needed to determine whether the agreement contained any content that was prohibited by the Fair Work Act, such as provisions that were against public policy, or that undermined the rights of employees.

The Fair Work Commission found that the proposed agreement met the “better off overall test” and contained no prohibited content. The Commission was satisfied that the agreement provided a fair balance of benefits and obligations for both employees and employers, and that it did not undermine any existing rights or entitlements. The Commission also found that the agreement was free from any content that would be contrary to public policy or the rights of employees. The application for approval was therefore granted, and the Airbus Group Australia Pacific (Oakey Operations) Enterprise Agreement 2014 was approved under section 234 of the Fair Work Act 2009.

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