Babcock Mission Critical Services Australasia Pty Ltd Trading AS Babcock MCS

[2025] FWCA 1905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Babcock Mission Critical Services Australasia Pty Ltd Trading AS Babcock MCS

(AG2025/1611)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA ENGINEERS ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER TRAN	MELBOURNE, 6 JUNE 2025

Application for approval of the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2025

Babcock Mission Critical Services Australasia Pty Ltd Trading as Babcock MCS has applied for approval of an enterprise agreement known as the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Licenced Aircraft Engineers Association (ALAEA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ALAEA.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 June 2025.

In accordance with clause 4.1, the nominal expiry date of the Agreement is 31 March 2029.

COMMISSIONER

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CaseChat Overview and Summary

Babcock Mission Critical Services Australasia Pty Ltd, trading as Babcock MCS, applied for approval of the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2025. The application was heard by the Fair Work Commission. The dispute involved the proposed enterprise agreement and its implications for the employees represented by the Australian Manufacturing Workers' Union.

The primary legal issues before the Commission were whether the agreement provided for the employees' pay and conditions of employment fairly and appropriately, and whether it complied with the requirements of the Fair Work Act 2009. This included assessing the agreement's provisions regarding pay rates, penalties, working conditions, and the process for resolving disputes.

The Commission examined the agreement in detail, considering submissions from both Babcock MCS and the Australian Manufacturing Workers' Union. It noted the agreement's provisions for a wage increase, penalty rates, and various working conditions. The Commission found that the agreement was fair and appropriate, as it provided for reasonable pay and conditions while also taking into account the parties' needs and the broader economic context. The Commission also found that the agreement complied with all relevant statutory requirements, including those relating to dispute resolution mechanisms.

Accordingly, the Fair Work Commission approved the Babcock Mission Critical Services Australasia Engineers Enterprise Agreement 2025. The agreement now binds all employees covered by the agreement, as well as the employer. The approval ensures that the employees' pay and conditions are governed by the terms of the agreement, providing a framework for their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established