DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boeing Australia Component Repairs Pty Ltd
(AG2017/5524)

BOEING AUSTRALIA COMPONENT REPAIRS PTY LTD ENTERPRISE AGREEMENT 2017 TO 2020

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boeing Australia Component Repairs Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Boeing Australia Component Repairs Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2017. The nominal expiry date of the Agreement is 2 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boeing Australia Component Repairs Pty Ltd was the applicant, and the Australian Industrial Relations Commission was the respondent. The dispute arose from the application for approval of the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement was appropriately negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement was made in good faith, if it contained the necessary minimum entitlements, and if it adhered to the relevant statutory requirements for approval.

The Commission found that the agreement had been negotiated in good faith and that it contained the required minimum entitlements. The Commission also determined that the agreement complied with the statutory requirements for approval under the Fair Work Act. As a result, the application for approval was granted.

The final orders of the Commission were that the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2017 to 2020 be approved as a registered agreement. This decision allowed the agreement to have legal effect and to be binding on the parties involved.

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