Australian Aerospace Ltd

[2013] FWCA 7415

FAIR WORK COMMISSION

DECISION

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

Australian Aerospace Ltd
(AG2013/9398)

AUSTRALIAN AEROSPACE GOVERNMENTAL HELICOPTERS (NORTHERN TERRITORY OPERATIONS) ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 4 OCTOBER 2013

Application for approval of the Australian Aerospace Governmental Helicopters (Northern Territory Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aerospace Governmental Helicopters (Northern Territory Operations) Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 5 April 2017.

[5] 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.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Aerospace Ltd applied for the approval of the Australian Aerospace Governmental Helicopters (Northern Territory Operations) Enterprise Agreement 2013. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which the agreement was made. The application was opposed by the Northern Territory Public Sector Union, which argued that the agreement did not fairly reflect the terms and conditions of employment of the relevant employees.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the provisions of the Fair Work Act, specifically whether there was genuine bargaining and whether the agreement met the "better off overall test" (BOOT). The Commission needed to determine if the agreement was a bona fide enterprise agreement and if it was made without coercion, undue influence, or other unfair practices. Additionally, the Commission had to assess whether the agreement provided employees with a better overall package of terms and conditions of employment compared to the applicable awards or previous agreements.

The Commission found that the agreement had been made in accordance with the Act and was a genuine enterprise agreement. The evidence showed that there was genuine bargaining and no undue influence or coercion in the process. Furthermore, the Commission concluded that the agreement met the BOOT, providing employees with a better overall package of terms and conditions of employment. Therefore, the application for approval was granted, and the agreement was approved.

As a result of the decision, the Australian Aerospace Governmental Helicopters (Northern Territory Operations) Enterprise Agreement 2013 was approved and will apply to the relevant employees. The agreement will govern the terms and conditions of employment for those employees until a new agreement is made or until the existing agreement is terminated or varied.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established