DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aircraft Structural Contractors Pty Ltd
(AG2016/7285)

AIRCRAFT STRUCTURAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Aircraft Structural Contractors Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aircraft Structural Contractors Pty Ltd 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 Aircraft Structural Contractors Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aircraft Structural Contractors Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The dispute involved whether the agreement complied with the provisions of the Fair Work Act 2009, specifically regarding the provision of terms and conditions for employees. The Fair Work Commission was the court that heard the matter.

The legal issues before the Commission were whether the terms of the enterprise agreement met the requirements of the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions for employees and whether it had been genuinely agreed upon by the parties involved. The Commission also had to consider whether the agreement provided for the proper balance between the interests of employers and employees.

The Commission found that the enterprise agreement met the requirements of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions for employees and had been genuinely agreed upon by the parties involved. The Commission also found that the agreement provided for the proper balance between the interests of employers and employees. The Commission approved the enterprise agreement and made orders to that effect.

The orders made by the Commission included approval of the enterprise agreement, with certain modifications, and the registration of the agreement with the Fair Work Commission. The parties were also ordered to take all necessary steps to give effect to the agreement, including implementing the modified terms and conditions. The Commission also made orders for the publication of the decision and the reasons for the decision.

Aircraft Structural Contractors 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