Boeing Australia Component Repairs Pty Ltd Summary

[2013] FWCA 8523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boeing Australia Component Repairs Pty Ltd
(AG2013/9840)

BOEING AUSTRALIA COMPONENT REPAIRS PTY LTD ENTERPRISE AGREEMENT 2013 TO 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2013 to 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Boeing Australia Component Repairs Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 5 November 2013. The nominal expiry date of the Agreement is 2 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Boeing Australia Component Repairs Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement it had made with its employees. The application was opposed by the Australian Manufacturing Workers Union. The nature of the dispute centred on the terms and conditions of employment outlined in the proposed agreement, with particular focus on certain provisions that the union deemed unfair or inconsistent with relevant labour laws. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The legal issues that the Commission had to address involved determining whether the provisions of the Enterprise Agreement complied with the Fair Work Act 2009, including provisions pertaining to minimum wage rates, allowable working hours, and procedural fairness in the workplace. Additionally, the Commission needed to ensure that the agreement did not adversely affect the employees' rights and protections under the applicable industrial instruments.

In delivering its decision, the Commission carefully examined the terms of the Enterprise Agreement against the legislative framework. It found that while certain provisions could potentially be seen as onerous, they did not contravene the statutory requirements or undermine the fundamental rights of the employees. The Commission was satisfied that the agreement had been made in good faith and that it provided a fair and efficient means of regulating the employment relationship between the parties. Consequently, the Commission approved the Enterprise Agreement with some minor modifications to address specific concerns raised during the hearing.

The Fair Work Commission approved the Boeing Australia Component Repairs Pty Ltd Enterprise Agreement 2013 to 2016, subject to the modifications made during the hearing. The approved agreement will now govern the terms and conditions of employment for the employees of Boeing Australia Component Repairs Pty Ltd for the specified period.

Boeing Australia Component Repairs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established