DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobham Aviation Services Engineering Pty Ltd
(AG2018/5401)

COBHAM AVIATION SERVICES ENGINEERING LINE MAINTENANCE ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 APRIL 2019

Application for approval of the Cobham Aviation Services Engineering Line Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Aviation Services Engineering Line Maintenance 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] 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 the employer. 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 Australian Licensed Aircraft Engineers Association (ALAEA) 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 25 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cobham Aviation Services Engineering Pty Ltd (Cobham) sought approval for the 2018 Line Maintenance Enterprise Agreement from the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the criteria for being a "simplified procedure agreement" under the Fair Work Act 2009. The primary issue was whether the agreement complied with the legislative requirements that it be "in writing" and whether it was "entered into" by the parties in the manner prescribed by the legislation.

The FWC found that while the agreement was in writing, the process by which it was executed did not meet the statutory requirements for entering into a simplified procedure agreement. Specifically, the agreement was not "entered into" as it did not have the signatures of the parties as required by the legislation. The FWC noted that the absence of signatures from the parties involved meant that the agreement did not satisfy the statutory criteria for being a simplified procedure agreement. Consequently, the FWC refused to approve the agreement. The FWC emphasised the importance of following legislative requirements to ensure that the integrity of the industrial relations process is maintained. The court’s decision underscores the necessity for strict compliance with statutory provisions when seeking approval of enterprise agreements under the Fair Work Act.

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