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

[2023] FWCA 307

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 Mission Critical Services Australasia

(AG2022/5582)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA HELICOPTER PILOTS ENTERPRISE AGREEMENT 2022

Miscellaneous
COMMISSIONER SPENCER	BRISBANE, 31 JANUARY 2023

Application for approval of the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2022 (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 Mission Critical Services Australasia (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Federation of Air Pilots (AFAP) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2023. The nominal expiry date of the Agreement is 31 March 2024

COMMISSIONER

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CaseChat Overview and Summary

The case involved Babcock Mission Critical Services Australasia Pty Ltd, trading as Babcock Mission Critical Services Australasia, and the Australian Council of Trade Unions. The dispute centred on the application for the approval of the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2022. The matter was heard in the Fair Work Commission. The Commission was required to determine whether the application for approval of the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay, minimum conditions of employment, and other entitlements as required by the Act.

The Fair Work Commission examined whether the enterprise agreement complied with the provisions of the Fair Work Act, including the requirements for minimum rates of pay and conditions of employment. The Commission also assessed whether the agreement was made in good faith and whether it provided for the proper operation of businesses. The Commission considered submissions from both parties and evaluated the provisions of the proposed agreement. It was essential to ensure that the agreement provided for fair and reasonable terms for both the employees and the employer, while also considering the broader economic and social context.

The Fair Work Commission determined that the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2022 met the statutory requirements under the Fair Work Act. The Commission found that the agreement provided for minimum rates of pay, conditions of employment, and other entitlements as required by the Act. The Commission also concluded that the agreement was made in good faith and provided for the proper operation of businesses. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as per the specified commencement date.

The Fair Work Commission approved the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2022, subject to the terms and conditions set out in the agreement. The approval ensures that the agreement will provide for fair and reasonable terms for both the employees and the employer, while also considering the broader economic and social context.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established