DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Group Australia Pacific Limited T/A Airbus Australia Pacific
(AG2021/6157)

AIRBUS AUSTRALIA PACIFIC (TOWNSVILLE) ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 23 AUGUST 2021

Application for approval of the Airbus Australia Pacific (Townsville) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Townsville) Enterprise Agreement 2020 (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 T/A Airbus Australia Pacific (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the Undertakings provided by the Applicant, 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.

[5] 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, trading as Airbus Australia Pacific, applied to the Fair Work Commission for approval of the Airbus Australia Pacific (Townsville) Enterprise Agreement 2020. The application involved a range of issues concerning the terms and conditions of employment for the employees covered by the agreement. The dispute centred on whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those relating to the protection of employees' rights and the avoidance of unfair dismissal.

The legal issues before the Commission included whether the agreement adequately provided for the protection of employees' rights, including the right to a safe working environment, the right to be free from discrimination and the right to be free from unfair dismissal. The Commission also had to determine whether the agreement contained appropriate mechanisms for resolving disputes between the employer and employees. Furthermore, the Commission considered whether the agreement met the requirements for "better-off overall-and-fairer" and whether it complied with the terms and conditions set out in the applicable awards.

In reaching its decision, the Commission examined the provisions of the agreement in detail, taking into account submissions from both Airbus Australia Pacific and the employees' representatives. The Commission found that the agreement met the requirements of the Fair Work Act and provided for the protection of employees' rights. It was also determined that the agreement contained appropriate dispute resolution mechanisms and that it was better-off overall-and-fairer for the employees. The Commission approved the Airbus Australia Pacific (Townsville) Enterprise Agreement 2020, and its approval is effective from the date of the decision.

Airbus Group Australia Pacific Limited T/A Airbus Australia Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established