Australian Aerospace Limited T/A Australian Aerospace

[2014] FWCA 4230

FAIR WORK COMMISSION

DECISION

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

Australian Aerospace Limited T/A Australian Aerospace
(AG2014/6448)

AUSTRALIAN AEROSPACE GOVERNMENTAL HELICOPTERS (NSW OPERATIONS) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 25 JUNE 2014

Application for approval of the Australian Aerospace Governmental Helicopters (NSW Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aerospace Governmental Helicopters (NSW Operations) Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Aerospace Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 86, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Aerospace Limited, trading as Australian Aerospace, sought approval for the Australian Aerospace Governmental Helicopters (NSW Operations) Enterprise Agreement 2014. The dispute was lodged with the Fair Work Commission. The primary issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for the terms and conditions of employment of the employees, whether it was made in good faith and whether it was the product of genuine bargaining.

The court examined the process by which the agreement was negotiated and concluded that there was evidence of genuine bargaining and good faith. The agreement was comprehensive, covering a wide range of employment terms and conditions. However, the court noted some minor technical deficiencies in the documentation. Despite these issues, the court found that the overall process and the content of the agreement were sufficient to meet the statutory requirements. Consequently, the court approved the enterprise agreement with minor amendments to address the technical deficiencies.

In reaching its decision, the court placed significant weight on the evidence of genuine efforts to negotiate in good faith and the comprehensive nature of the agreement. The court held that while the technical deficiencies were not ideal, they did not undermine the overall validity of the agreement. The court ordered that the agreement be approved subject to the minor amendments to rectify the technical issues identified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established