DECISION

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

Airbus Group Australia Pacific Limited
(AG2015/4186)

AIRBUS GROUP AUSTRALIA PACIFIC (BRISBANE PRODUCTION) ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 14 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Airbus Group Australia Pacific (Brisbane Production) 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.

[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, the applicant, sought approval of the Airbus Group Australia Pacific (Brisbane Production) Enterprise Agreement 2015 from the Fair Work Commission. The agreement was made between Airbus and the Australian Manufacturing Workers Union, representing employees. Airbus, a significant player in the aerospace industry, operates a production facility in Brisbane. The union argued that the agreement reflected fair and reasonable terms for the employees, while Airbus supported the application, asserting that the agreement was a result of genuine negotiations and was in the best interest of both parties.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The criteria included ensuring that the agreement was made in good faith and was reasonably likely to lead to improved productivity, efficiency, and profitability without disadvantaging employees. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees and if it included appropriate dispute resolution mechanisms.

The Commission examined the evidence provided by both parties, including the bargaining records, the negotiation process, and the content of the agreement. The Commission noted that the agreement had been negotiated in good faith, with both parties engaging in meaningful discussions. It found that the agreement contained provisions that promoted productivity, efficiency, and profitability while also ensuring fair and reasonable terms for the employees. The Commission was satisfied that the agreement did not disadvantage employees and that it included appropriate dispute resolution mechanisms. Therefore, the Commission concluded that the agreement met the statutory criteria for approval.

The Fair Work Commission approved the Airbus Group Australia Pacific (Brisbane Production) Enterprise Agreement 2015. The approval was based on the findings that the agreement was made in good faith, promoted productivity, efficiency, and profitability, provided fair and reasonable terms for employees, and included appropriate dispute resolution mechanisms. The agreement would now regulate the employment conditions of employees at the Brisbane production facility.

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