Boeing Aerostructures Australia Pty Ltd Trading AS Boeing Aerostructures Australia

[2025] FWCA 2896

[2025] FWCA 2896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boeing Aerostructures Australia Pty Ltd Trading AS Boeing Aerostructures Australia

(AG2025/2682)

BOEING AEROSTRUCTURES AUSTRALIA (PORT MELBOURNE) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Boeing Aerostructures Australia (Port Melbourne) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boeing Aerostructures Australia Pty Ltd Trading AS Boeing Aerostructures Australia (the Applicant). The Agreement is a single enterprise agreement. 

1. The matter was allocated to my Chambers on 19 August 2025. 

1. On 21 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking. 

1. I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The “"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)” and “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) of the Act I note that the Agreement covers these organisations. 

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2029.

Variation  

1. An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct a number of obvious errors. 

1. The s.185 application was accompanied by the following request:

“(i) in clause 34.1(e), replace the reference to “22.8-22.11” with a reference to “22.7- 22.10”;

(ii) in clause 63.22, replace the reference to “61.22 and 61.23” with a reference to “63.24”; and

(iii) in clause 63.30, replace the reference to “63.27(b)” with a reference to clause “63.28”.”

1. This has been provided to all parties to the application and there have been no objections received. 

1. Having reviewed the errors, it is apparent in my view that such errors would fall within the scope of s. 218A(1). Accordingly, the Agreement published with this Decision is varied as such. 

1. The variations will operate from the date on which the Agreement commences operation.  

COMMISSIONER

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