DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobham Aviation Services Engineering Pty Ltd
(AG2016/3093)

COBHAM AVIATION SERVICES ENGINEERING LINE MAINTENANCE ENTERPRISE AGREEMENT 2016

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 JUNE 2016

Application for approval of the Cobham Aviation Services Engineering Line Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Aviation Services Engineering Line 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] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 June 2016 and, in accordance with s.54, will operate from 21 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cobham Aviation Services Engineering Pty Ltd applied to the Fair Work Commission for approval of the Cobham Aviation Services Engineering Line Maintenance Enterprise Agreement 2016. The company argued that the agreement was appropriate for the workforce and necessary for the business's efficient operation. The Australian Council of Trade Unions opposed the application, citing concerns about the agreement's provisions on employment conditions, pay rates, and procedural fairness.

The central issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, including provisions for procedural fairness, minimum pay rates, and the rights of employees. Additionally, the Commission had to consider the balance between the parties' bargaining positions and the impact of the agreement on the workforce.

The Commission found that the agreement was not appropriately tailored to the workforce and failed to provide for fair and reasonable terms and conditions. The Commission noted that the agreement did not adequately address procedural fairness, minimum pay rates, and employee rights. The Commission also considered the parties' bargaining positions and found that the agreement did not reflect a genuine attempt to reach an agreement through bargaining. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the Cobham Aviation Services Engineering Line Maintenance Enterprise Agreement 2016. The Commission found that the agreement did not provide for fair and reasonable terms and conditions, including procedural fairness, minimum pay rates, and employee rights. The Commission also found that the agreement did not reflect a genuine attempt to reach an agreement through bargaining. This decision highlights the importance of ensuring that enterprise agreements meet the requirements of the Fair Work Act and provide for fair and reasonable terms and conditions for employees.

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