DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobham Aviation Services Engineering Pty Ltd
(AG2016/3511)

COBHAM AVIATION SERVICES ENGINEERING PTY LTD SCHEDULED MAINTENANCE ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Cobham Aviation Services Engineering Pty Ltd Scheduled Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Aviation Services Engineering Pty Ltd Scheduled Maintenance Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Licenced Aircraft Engineers Association 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cobham Aviation Services Engineering Pty Ltd, applied to the Fair Work Commission for approval of the Cobham Aviation Services Engineering Pty Ltd Scheduled Maintenance Enterprise Agreement 2016. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of the company. The Fair Work Commission was required to decide whether the agreement met the requirements of the Act for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement provided for the proper balance between the interests of the employees and the employer. The applicant argued that the agreement was fair and reasonable and had been made in good faith, while the objector argued that it did not provide for adequate terms and conditions of employment.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also found that the agreement provided for the proper balance between the interests of the employees and the employer. The Commission rejected the objections raised by the objector and approved the agreement.

The Fair Work Commission approved the Cobham Aviation Services Engineering Pty Ltd Scheduled Maintenance Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also found that the agreement provided for the proper balance between the interests of the employees and the employer. The objector's objections were rejected, and the agreement was approved.

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