Australian Licenced Aircraft Engineers Association v Cobham Aviation Services Engineering Pty Ltd T/A Cobham Aviation Services Australia Engineering

Case

[2012] FWA 9444

21 NOVEMBER 2012


Details
AGLC Case Decision Date
Australian Licenced Aircraft Engineers Association v Cobham Aviation Services Engineering Pty Ltd T/A Cobham Aviation Services Australia Engineering [2012] FWA 9444 [2012] FWA 9444 21 NOVEMBER 2012

CaseChat Overview and Summary

In the case of Australian Licensed Aircraft Engineers Association v Cobham Aviation Services Engineering Pty Ltd T/A Cobham Aviation Services Australia Engineering, the matter was heard in the Fair Work Commission. The dispute between the Australian Licensed Aircraft Engineers Association, representing employees, and Cobham Aviation Services Engineering, the employer, concerned an application to deal with a bargaining dispute and an agreed arbitration on wages. The employees sought a wage increase within specific parameters, and the employer contested the basis of wage determination and the circumstances advanced by the parties.

The legal issues before the court included the interpretation and application of the relevant sections of the Fair Work Act 2009, particularly section 240, which pertains to the resolution of bargaining disputes through arbitration. The court needed to assess the basis of wage determination, evaluate the circumstances and considerations presented by both parties, and determine whether the agreed arbitration on wages was within the set parameters.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the agreed arbitration on wages was within the set parameters. The court assessed the basis of wage determination and the circumstances and considerations advanced by the parties. The Commission concluded that the agreed outcome was fair and reasonable, taking into account the economic climate, industry conditions, and the needs of the employees. The Commission determined that the agreed arbitration on wages was appropriate and made the necessary determination under section 240 of the Fair Work Act 2009.

The final orders of the Fair Work Commission included approving the agreed arbitration on wages and affirming that it was within the set parameters. The Commission's decision provided clarity and resolution for the parties involved, ensuring that the agreed arbitration on wages was fair and reasonable under the circumstances.
Details

Areas of Law

  • Labour Law

Legal Concepts

  • Collective Bargaining

  • Wage Determination

  • Arbitration