[2016] FWCA 3171

The attached document replaces the document previously issued with the above code on 19 May 2016.

Australian Workers’ Union of Employees changed to Australian Workers’ Union

Michelle Verdec

Associate to Commission Simpson

Dated 20 May 2016

[2016] FWCA 3171

FAIR WORK COMMISSION

DECISION

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

Aircraft Maintenance Services Australia Pty Ltd
(AG2015/7673)

THE AIRCRAFT MAINTENANCE SERVICES AUSTRALIA - ENTERPRISE AGREEMENT.

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 19 MAY 2016

Application for approval of the Aircraft Maintenance Services Australia - Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Aircraft Maintenance Services Australia – Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aircraft Maintenance Services Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), and the Australian Licenced Aircraft Engineers Association (ALAEA), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The AWU and ALAEA made a number of objections to the application, and a hearing was held before me on 22 April 2016 to consider submissions by the respective parties to the matter. A decision [PR575759] was released on 13 May 2016 containing my findings on the various objections, and the reasons for such findings.

[5] A written undertaking has been provided by the employer and is attached to the Agreement. Pursuant to s.190(4) of the Act, the views of the AWU and the ALAEA have been sought on the undertaking, and I have given them consideration. I note that AWU and the ALAEA have raised some objections to the form of the undertaking, however I am satisfied that the undertaking given resolves my concern in relation to the interaction between the National Employment Standards and the Agreement. In accordance with s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 26 May 2016. The nominal expiry date of the Agreement is 19 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aircraft Maintenance Services Australia Pty Ltd, the applicant, sought approval for an enterprise agreement under the Fair Work Act 2009. The agreement pertained to the terms and conditions of employment for its employees. The application was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal.

The primary legal issues addressed by the Commission were whether the agreement provided fair and reasonable terms for the employees and whether it adhered to the safety provisions outlined in the Fair Work Act. Specifically, the Commission examined whether the agreement included necessary safety provisions as stipulated in section 235 of the Act. The applicant argued that the agreement was fair and reasonable and that all safety provisions were adequately met.

The Fair Work Commission found that the agreement was fair and reasonable for the employees, taking into account the balance of advantages and disadvantages for the parties. The Commission also determined that the agreement complied with the safety provisions as required by the Fair Work Act. The Commission's approval was granted on the condition that certain minor amendments be made to the agreement. The Commission found these amendments to be necessary to ensure the agreement met all legal requirements.

The final orders of the Fair Work Commission included the approval of the enterprise agreement with the specified minor amendments. The applicant was required to submit the amended agreement to the Commission within a specified timeframe for further approval. The Commission's decision confirmed that the enterprise agreement was fair and reasonable, provided all necessary safety provisions, and adhered to the requirements of the Fair Work Act.

Aircraft Maintenance Services Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established