Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock

[2016] FWCA 8655

[2016] FWCA 8655

FAIR WORK COMMISSION

DECISION

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

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock
(AG2016/5658)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA AIRCREW ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER HUNT	BRISBANE, 1 DECEMBER 2016

Application for approval of the Babcock Mission Critical Services Australasia Aircrew Enterprise Agreement 2016.

[1] Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock (the Employer) have applied for approval of an enterprise agreement known as the Babcock Mission Critical Services Australasia Aircrew Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 13 October 2016 and 16 November 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that the undertakings is taken to be a term of the Agreement.

[3] The Agreement does not contain a flexibility term that is consistent with the requirements in s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The approval of the Agreement was subject to some contest and was listed for hearing before me on 30 November 2016.

[5] I have taken into consideration the material filed in the Commission, including the evidence and submissions adduced at the hearing. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 8 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

[7] I will provide separate reasons for this decision at a later date.

COMMISSIONER

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