DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock Mission Critical Services
(AG2020/1919)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA ENGINEERS ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 AUGUST 2020

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

[1] An application has been made for approval of a variation to the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018 (the Agreement). The application was made by Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock Mission Critical Services pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 22 January 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 3 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Babcock Mission Critical Services Australasia Pty Ltd, trading as Babcock Mission Critical Services, and the Electrical Trades Union of Australia. The dispute arose out of an application by the employer to vary certain provisions of the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018. The case was heard in the Fair Work Commission, which has jurisdiction to hear and determine applications to vary enterprise agreements.

The legal issues before the Commission related to whether the proposed variations to the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission had to consider whether the variations were consistent with the objects of the Act, including promoting high levels of employment and enhancing the efficiency of the workplace. The Commission also needed to determine whether the variations would cause significant harm to employees, or if there was an appropriate process in place for resolving any adverse consequences.

The Fair Work Commission found that the proposed variations to the enterprise agreement were consistent with the objects of the Act. The Commission accepted that the changes would enhance workplace efficiency and productivity, while also promoting high levels of employment. The Commission also concluded that the proposed variations would not cause significant harm to employees, as there were adequate safeguards and dispute resolution processes in place to address any adverse consequences. As a result, the Commission varied the enterprise agreement as requested by the employer. The final orders of the Commission included the approval of the variations to the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2018, which were to take effect from a specified date.

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock Mission Critical Services

DECISION

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