DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carbine Services Pty Ltd
(AG2019/3672)

CARBINE SERVICES - AIRCRAFT MAINTENANCE AGREEMENT 2019

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 21 NOVEMBER 2019

Application for approval of the Carbine Services - Aircraft Maintenance Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Carbine Services - Aircraft Maintenance Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Carbine Services Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Licensed Aircraft Engineers Association and the United Worker’s Union (formerly the National Union of Workers) being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2019. The nominal expiry date of the Agreement is 5 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Carbine Services Pty Ltd, the applicant sought approval of the Carbine Services – Aircraft Maintenance Agreement 2019. The application was heard by the Fair Work Commission, with Commissioner P McGillivray presiding. The central issue before the Commission was whether the proposed enterprise agreement provided for the fair and efficient management of the enterprise, including appropriate safeguards for the protection of employees.

The Commission examined the provisions of the agreement, particularly those relating to employee representation, dispute resolution, and procedural fairness. The applicant argued that the agreement balanced the needs of the business with the rights and interests of employees, providing for efficient management while ensuring fair treatment. The Commission considered the submissions from both parties, including the arguments regarding the necessity of certain provisions for the effective operation of the business. The Commission concluded that the agreement, while not perfect, provided for the fair and efficient management of the enterprise and did not unfairly disadvantage the employees. Therefore, the application for approval was successful.

The Fair Work Commission approved the Carbine Services – Aircraft Maintenance Agreement 2019, subject to the commencement date being deferred to allow for further consultation with affected employees. The agreement was to be registered with the Fair Work Commission and would be in effect from the deferred date. The decision highlighted the importance of balancing the needs of the business with the rights of employees and the role of the Commission in ensuring that enterprise agreements meet the necessary standards for approval.

Carbine Services 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