Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia

[2018] FWCA 5804

[2018] FWCA 5804

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia

(AG2018/1928)

Boeing Aerostructures Australia Pty Ltd (Port Melbourne) Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Gostencnik	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Boeing Aerostructures Australia Pty Ltd (Port Melbourne) Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Boeing Aerostructures Australia Pty Ltd (Port Melbourne) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia. The agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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 being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

1. The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500147  PR700415>

ANNEXURE A