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

[2021] FWCA 7126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock Mission Critical Services Australasia
(AG2021/8548)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA AIRCREW ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER HUNT	BRISBANE, 15 DECEMBER 2021

Application for approval of the Babcock Mission Critical Services Australasia Aircrew Enterprise Agreement 2021

[1] Babcock Mission Critical Services Australasia Pty Ltd T/A Babcock Mission Critical Services Australasia (the Employer) has applied for approval of an enterprise agreement known as the Babcock Mission Critical Services Australasia Aircrew Enterprise Agreement 2021 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AMWU did not provide any views as to the undertakings.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AMWU 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) of the Act I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2021. The nominal expiry date of the Agreement is 15 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were Babcock Mission Critical Services Australasia Pty Ltd, trading as Babcock Mission Critical Services Australasia, and the Australian Council of Trade Unions (ACTU) on behalf of several unions. The dispute was regarding the approval of the Babcock Mission Critical Services Australasia Aircrew Enterprise Agreement 2021. The matter was heard in the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal.

The legal issues that the FWC was required to decide involved whether the agreement met the necessary legislative requirements under the Fair Work Act 2009, specifically whether it provided for the fair and efficient resolution of workplace issues, and whether it complied with the FWC's enterprise agreement assessment criteria. The union raised concerns about several aspects of the agreement, including the provisions regarding shift patterns, rest breaks, and the classification of aircrew positions.

The FWC carefully considered the submissions and evidence from both parties. The commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the workforce and the need for efficient operational practices. The FWC found that the provisions in question were reasonable and necessary to ensure the safe and efficient operation of the business, balancing the interests of both the employer and the employees. Consequently, the FWC approved the agreement, finding it met the necessary legislative standards and would serve as a fair and efficient means of resolving workplace issues.

The final orders of the FWC were that the Babcock Mission Critical Services Australasia Aircrew Enterprise Agreement 2021 was approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established