DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock
(AG2018/4981)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA ENGINEERS ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 22 JANUARY 2019

Application for approval of the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Licensed Aircraft Engineers Association 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2019. The nominal expiry date of the Agreement is 5 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock filed an application for the approval of the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, which mandates that an enterprise agreement be registered to become legally binding. The application was opposed by the Australian Manufacturing Workers Union and the Electrical Trades Union, which represented a number of employees who were concerned about various aspects of the agreement, including wages, shift penalties, and the definition of an engineer.

The central legal issues the court had to address involved whether the agreement complied with the statutory requirements for enterprise agreements, particularly whether the agreement was made in good faith and whether it provided for fair and reasonable terms. The unions argued that the agreement did not meet these criteria due to various deficiencies, including the classification of engineers and the lack of procedural fairness in the negotiation process. The applicant, on the other hand, contended that the agreement was made in good faith and that it provided for fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement was made in good faith and contained fair and reasonable terms for the employees. The Commission rejected the unions' arguments about the classification of engineers and the negotiation process, finding that the applicant had acted reasonably in the negotiation and classification process. The Commission also found that the agreement provided for adequate wages and shift penalties, and that it met the statutory requirements for enterprise agreements. The Commission approved the agreement, finding that it was in the best interests of the employees and did not contravene any provisions of the Fair Work Act.

The Fair Work Commission approved the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018, finding that it met the statutory requirements for enterprise agreements. The Commission found that the agreement was made in good faith and contained fair and reasonable terms for the employees, and rejected the unions' arguments about the classification of engineers and the negotiation process. The Commission approved the agreement, finding that it was in the best interests of the employees and did not contravene any provisions of the Fair Work Act.

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established