Boeing Aerostructures Australia Pty Limited

[2022] FWCA 1414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boeing Aerostructures Australia Pty Limited

(AG2022/1054)

Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 APRIL 2022

Application for approval of the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2022

An application has been made by Boeing Aerostructures Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2022 (the Agreement).

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Association of Professional Engineers, Scientists and Managers Australia (APESMA), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boeing Aerostructures Australia Pty Limited applied to the Fair Work Commission for approval of the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2022. The agreement was to be applied to its employees covered by the Aerospace, Aviation, Shipping and Maritime Industries Award 2010. The Fair Work Commission was required to determine whether the agreement was in the interests of the employees covered by the agreement.

The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The application for approval was made by Boeing Aerostructures Australia, the employer. The Fair Work Commission had to assess the agreement against the requirements for approval, including ensuring that the agreement provided for fair and reasonable terms and conditions of employment, and that the agreement had been negotiated in good faith.

The Fair Work Commission approved the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2022. It found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment and had been negotiated in good faith. The Commission was satisfied that the agreement was in the interests of the employees covered by the agreement.

The Fair Work Commission approved the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2022, which would apply to the employees covered by the Aerospace, Aviation, Shipping and Maritime Industries Award 2010. The agreement was approved as meeting the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and had been negotiated in good faith. The Commission was satisfied that the agreement was in the interests of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established