DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Group Australia Pacific Limited T/A Airbus Group
(AG2017/3094)

AIRBUS GROUP (RICHMOND OPERATIONS) ENTERPRISE AGREEMENT 2017

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Airbus Group (Richmond Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group (Richmond Operations) Enterprise Agreement 2017 (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 Group. The Agreement is a single enterprise agreement.

[2] The Australian Workers’ Union (AWU) provided submissions on the 26 October 2017 in regards to the approval of the Agreement. After consideration of the submissions, I concluded that the Agreement was in a state ready for approval.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[6] The Australian Workers’ Union (AWU) 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 20117. The nominal expiry date of the Agreement is 1 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Group Australia Pacific Limited, trading as Airbus Group, applied to the Fair Work Commission for approval of the Airbus Group (Richmond Operations) Enterprise Agreement 2017. The application involved ensuring the agreement met the criteria under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement complied with the legislative requirements for enterprise agreements, including provisions on minimum entitlements, the proper process for consultation, and whether it met the genuine agreement test.

The Commission examined the agreement to determine if it was fairly negotiated, contained the necessary minimum terms and conditions, and was free from any improper influence or coercion. The Commission also assessed whether the requisite consultation process was followed, and whether the agreement was genuinely negotiated and not imposed. Airbus Group argued that all procedural and substantive requirements were met, while some stakeholders raised concerns about the agreement’s provisions.

After thorough consideration, the Commission found that the agreement was fairly negotiated, contained all the required minimum terms, and was not imposed. The Commission concluded that Airbus Group had appropriately consulted with employees and that the agreement met the genuine agreement test. The Commission approved the Airbus Group (Richmond Operations) Enterprise Agreement 2017, recognising its compliance with the statutory requirements.

Airbus Group Australia Pacific Limited T/A Airbus Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established