Australian Aerospace Ltd T/A Airbus Group

[2014] FWCA 6207

FAIR WORK COMMISSION

DECISION

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

Australian Aerospace Ltd T/A Airbus Group
(AG2014/7308)

AUSTRALIAN AEROSPACE (EDINBURGH OPERATIONS) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 8 SEPTEMBER 2014

Application for approval of the Australian Aerospace (Edinburgh Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aerospace (Edinburgh Operations) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Aerospace Ltd T/A Airbus Group. 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 31 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Aerospace Limited, trading as Airbus Group, applied to the Fair Work Commission for approval of the Australian Aerospace (Edinburgh Operations) Enterprise Agreement 2014. The Fair Work Commission assessed whether the agreement met the requirements of the Fair Work Act 2009, including whether it was fairly negotiated, free from prohibited content, and provided for the appropriate bargaining processes.

The primary legal issues before the Commission were whether the agreement contained prohibited content, such as provisions that were contrary to public policy or inconsistent with federal awards or safety provisions. Additionally, the Commission needed to determine if the agreement was fairly negotiated, taking into account the bargaining power of the parties and the process by which the agreement was reached.

The Fair Work Commission found that the agreement was free from prohibited content and was fairly negotiated. The Commission acknowledged the complexity of the bargaining process but concluded that the process was appropriate and that the agreement reflected a fair compromise between the parties. The Commission also noted that the agreement included safety provisions that aligned with relevant federal safety standards.

The Fair Work Commission approved the Australian Aerospace (Edinburgh Operations) Enterprise Agreement 2014, finding it to be a valid and lawful agreement. The Commission's decision provides clarity for the parties and sets a precedent for future enterprise agreements in the aerospace industry. The approval of the agreement facilitates the implementation of the negotiated terms and conditions for the employees of Airbus Group.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established