Australian Aerospace Ltd

[2013] FWCA 6911

FAIR WORK COMMISSION

DECISION

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

Australian Aerospace Ltd
(AG2013/8837)

AUSTRALIAN AEROSPACE (RICHMOND OPERATIONS) ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 12 SEPTEMBER 2013

Application for approval of the Australian Aerospace (Richmond Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aerospace (Richmond 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 Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 29 August 2013. The application included a Statutory Declaration of Robert Russell made on behalf of the Employer and dated 27 August 2013, (the Declaration). The Declaration stated that the Agreement was made on 16 August 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 12 September 2013. I note that the file has included a Statutory Declaration of Stephen Crawford made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 35 and a consultation term at clause 9.

[6] 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.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 19 September 2013. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 2 August 2016.

[9] The Employer has requested that the Commission not include for publication 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 the actual rates of pay and allowances being disclosed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the court involved Australian Aerospace Limited and its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The parties sought the court's approval for the Australian Aerospace (Richmond Operations) Enterprise Agreement 2013. The central dispute revolved around whether the agreement sufficiently protected the rights of employees and whether it complied with the relevant industrial relations laws.

The court was tasked with determining whether the enterprise agreement was fair and appropriate for the employees it covered. Specifically, the court had to consider whether the agreement provided for adequate protection of employees' rights, including minimum wages and conditions, and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the court examined whether the agreement was in the best interest of the employees and whether it met the requirements set forth in the Fair Work Act 2009.

In delivering its judgment, the court found that the enterprise agreement was fair and appropriate. The agreement provided for fair compensation and working conditions, and the bargaining process had been conducted in good faith. The court concluded that the agreement was in the best interest of the employees and met the statutory requirements. Consequently, the court approved the Australian Aerospace (Richmond Operations) Enterprise Agreement 2013, confirming its validity and enforceability.

The court's final order was the approval of the enterprise agreement, which would now be binding on the parties involved. The agreement was to be registered with the Fair Work Commission, and it would govern the employment terms and conditions of the employees covered by the agreement. The court's decision ensured that the rights of the employees were protected and that the agreement was enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established