DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airbus Group Australia Pacific Limited T/A Airbus Group Australia Pacific
(AG2016/8025)

AIRBUS GROUP AUSTRALIA PACIFIC (OAKEY OPERATIONS) ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 11 APRIL 2017

Application for approval of the Airbus Group Australia Pacific (Oakey Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group Australia Pacific (Oakey Operations) Enterprise Agreement 2016 (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 Pacific. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 11 April 2017 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 6 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airbus Group Australia Pacific Limited, trading as Airbus Group Australia Pacific, applied to the Fair Work Commission for the approval of the Airbus Group Australia Pacific (Oakey Operations) Enterprise Agreement 2016. The applicant sought to have the agreement approved under the provisions of the Fair Work Act 2009. The nature of the dispute involved ensuring that the proposed enterprise agreement met the necessary criteria for approval, including fair and reasonable terms for employees, and compliance with relevant legislative standards.

The legal issues before the Commission included whether the agreement provided for the employees' terms and conditions of employment fairly and reasonably, whether it contained all the required provisions as per the Fair Work Act, and whether it complied with the relevant provisions of the National Employment Standards and the safety net. Additionally, the court examined whether the agreement had been fairly negotiated and whether the application met the procedural requirements for approval.

In delivering its decision, the Commission noted that the agreement had been fairly negotiated and contained all the required provisions. It was found that the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner. The Commission was satisfied that the agreement complied with the relevant provisions of the National Employment Standards and the safety net. Therefore, the application for approval was successful, and the agreement was approved as of the date specified in the application.

The Fair Work Commission approved the Airbus Group Australia Pacific (Oakey Operations) Enterprise Agreement 2016, effective from the date of the application. This decision affirmed that the agreement met all the necessary criteria for approval, including fair and reasonable terms for employees and compliance with the Fair Work Act and other relevant legislative standards.

Airbus Group Australia Pacific Limited T/A Airbus Group 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