DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Boeing Australia Component Repairs Pty Ltd
(AG2020/3293)

BOEING AUSTRALIA COMPONENT REPAIRS PTY LTD ENTERPRISE AGREEMENT 2017 TO 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 NOVEMBER 2020

Application for variation of the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020.

[1] An application has been made for approval of a variation to the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020 (the Agreement). The application was made by Boeing Australia Component Repairs Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 December 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 10 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boeing Australia Component Repairs Pty Ltd applied for a variation to the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020. The application was made under the Fair Work Act 2009 and the matter was heard by the Fair Work Commission. The applicants sought to modify various terms and conditions within the existing enterprise agreement, including changes to wages, hours of work, and leave provisions. The respondents, who included various unions and employee representatives, opposed the application.

The primary legal issue before the Commission was whether the proposed changes met the criteria for a fair and reasonable variation under the Fair Work Act. The Commission considered whether the changes were necessary to address significant changes in the business or economic circumstances of the applicants and whether the variation was fair and reasonable in all the circumstances. The Commission also had to determine if the variation was consistent with the principles of good faith bargaining and whether it would have a detrimental effect on the employees.

The Fair Work Commission found that the proposed changes were necessary to address significant changes in the business circumstances of the applicants. The Commission determined that the changes were fair and reasonable in all the circumstances, taking into account the economic context and the need for the applicants to remain competitive. The Commission also considered the principles of good faith bargaining and found that the applicants had engaged in a genuine attempt to negotiate with the respondents. The Commission concluded that the variation would not have a detrimental effect on the employees, as the changes were aimed at ensuring the sustainability and viability of the business.

The Fair Work Commission approved the variation to the enterprise agreement, allowing the applicants to implement the proposed changes. The Commission made orders to vary the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020 as per the terms set out in the application. The variation became effective from the date of the Commission's decision, providing the applicants with the flexibility to adapt to the changing business environment while maintaining a fair and reasonable agreement with the respondents.

Boeing Australia Component Repairs Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established