DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boeing Defence Australia Limited
(AG2015/453)

BOEING DEFENCE AUSTRALIA LIMITED AVIATION TRADES ENTERPRISE AGREEMENT 2015 TO 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Boeing Defence Australia Limited Aviation Trades Enterprise Agreement 2015 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boeing Defence Australia Limited Aviation Trades Enterprise Agreement 2015 to 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Boeing Defence Australia Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 23 March 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boeing Defence Australia Limited applied to the Fair Work Commission for approval of the Aviation Trades Enterprise Agreement 2015 to 2017. The application was opposed by the Australian Manufacturing Workers Union (AMWU). The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was fairly negotiated and whether it contained terms and conditions that were fair and reasonable. The AMWU argued that the agreement was not fairly negotiated as it was not representative of the bargaining positions of the parties, and that certain terms of the agreement were unfair and unreasonable. The Commission had to determine whether the agreement was genuinely negotiated and whether it met the standards of fairness and reasonableness set out in the Act.

In determining these issues, the Commission considered the evidence of the parties, including witness statements, documents, and submissions. The Commission found that the agreement was genuinely negotiated and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement provided for a range of benefits to employees, including wage increases and improved leave provisions, and that these benefits were consistent with the bargaining positions of the parties. The Commission also found that the agreement did not contain any terms that were unfair or unreasonable.

Accordingly, the Commission approved the Aviation Trades Enterprise Agreement 2015 to 2017. The AMWU's application for review of the decision was subsequently dismissed by the Federal Court of Australia. The Fair Work Commission's decision provides guidance on the requirements for genuine negotiation and fairness in enterprise agreements.

Boeing Defence Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established