DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Group Australia Pacific Limited t/a Airbus Group Australia Limited
(AG2016/2237)

AIRBUS GROUP AUSTRALIA PACIFIC (MRH BRISBANE) ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER ROE	MELBOURNE, 3 MARCH 2016

Application for approval of the Airbus Group Australia Pacific (MRH Brisbane) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group Australia Pacific (MRH Brisbane) Enterprise Agreement 2015 (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 Australia Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has requested that the Commission suppress Schedule A to the Agreement, which encloses the actual rates of pay and allowances contained in the Agreement. The basis for this request involves matters of commercial sensitivity. I am satisfied that there are special circumstances in this case related to defence contracting which justify the granting of this request. 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 ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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.

[5] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will operate from 10 March 2016. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airbus Group Australia Pacific Limited, trading as Airbus Group Australia Limited, applied for approval of the Airbus Group Australia Pacific (MRH Brisbane) Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) by Airbus, seeking to have the agreement approved as a modern award under the Fair Work Act 2009. The agreement, negotiated with the Australian Manufacturing Workers Union, aimed to govern the terms and conditions of employment for certain employees within the company.

The legal issues before the FWC included whether the agreement complied with the requirements of the Fair Work Act, specifically sections 230 and 231, which mandate that an enterprise agreement must not have a detrimental financial effect on employees and must ensure a fair distribution of the benefits of productivity improvements. Additionally, the FWC had to determine if the agreement met the good faith bargaining requirements and was in the best interests of the employees, given the context of the enterprise.

The FWC found that the agreement complied with the statutory requirements. It was determined that the agreement did not have an adverse financial effect on employees and ensured a fair distribution of productivity benefits. The FWC concluded that Airbus had engaged in good faith bargaining and that the agreement was in the best interests of the employees. The provisions related to wages, superannuation, and other terms and conditions of employment were found to be reasonable and fair. Consequently, the FWC approved the Airbus Group Australia Pacific (MRH Brisbane) Enterprise Agreement 2015, certifying it as a modern award.

Airbus Group Australia Pacific Limited t/a Airbus Group Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established