DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobham Aviation Services Engineering Pty Ltd
(AG2018/5721)

COBHAM AVIATION SERVICES LOGISTICS ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER WILSON	MELBOURNE, 23 APRIL 2019

Application for approval of the Cobham Aviation Services Logistics Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Aviation Services Logistics Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cobham Aviation Services Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] Subject to 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cobham Aviation Services Engineering Pty Ltd (Cobham) applied for approval of the 2018 Logistics Enterprise Agreement. The applicant sought to have the agreement approved, as per the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees, as it provided for a number of improvements to wages, leave entitlements and other benefits. The respondents, the Australian Council of Trade Unions (ACTU) and the Transport Workers Union (TWU), opposed the application, arguing that the agreement did not meet the requirements of the Act.

The court was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court considered a number of factors, including the nature of the agreement, the bargaining process, and the content of the agreement. The court found that the agreement met the requirements of the Act, as it was the product of genuine and meaningful negotiations between the parties. The court also found that the agreement was in the best interests of the employees, as it provided for a number of improvements to wages, leave entitlements and other benefits.

The court approved the agreement, subject to certain modifications. The modifications related to the calculation of overtime rates and the provision of shift allowances. The court found that these modifications were necessary to ensure that the agreement complied with the requirements of the Act. The court also noted that the modifications would not have a significant impact on the overall benefits provided by the agreement.

The court made an order approving the 2018 Logistics Enterprise Agreement, subject to the modifications outlined in the judgment. The order was made under section 234 of the Fair Work Act 2009.

Cobham Aviation Services Engineering 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