Cobham Aviation Services Engineering Pty Ltd T/A Cobham Aviation Services Engineering Summary

[2022] FWCA 3884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cobham Aviation Services Engineering Pty Ltd T/A Cobham Aviation Services Engineering

(AG2022/4372)

Cobham Regional Services Engineering Enterprise Agreement 2022

Airline operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 NOVEMBER 2022

Application for approval of the Cobham Regional Services Engineering Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cobham Regional Services Engineering Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia and the Australian Licenced Aircraft Engineers Association each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover its organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Cobham Aviation Services Engineering Pty Ltd to approve the Cobham Regional Services Engineering Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for the employees of the company, including aspects such as wages, working hours, and other employment conditions. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was appropriate for the employees to be covered by the agreement. The Fair Work Commission is the body responsible for overseeing the approval of enterprise agreements and ensuring they are fair and compliant with the relevant legislation.

The legal issues the court had to address included whether the agreement provided for minimum rates of pay and conditions, whether it allowed for fair and reasonable terms of employment, and whether it complied with the procedural requirements of the Fair Work Act. The Commission also needed to consider whether the agreement was appropriately certified by an independent certifier and whether the necessary steps were taken to ensure employees were properly informed about the agreement before it was approved.

In delivering its decision, the Fair Work Commission found that the application for approval of the Cobham Regional Services Engineering Enterprise Agreement 2022 met all the statutory requirements. The agreement was deemed to provide for minimum rates of pay and conditions, ensuring that employees were not disadvantaged. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the needs and interests of both the employees and the employer. Additionally, the Commission confirmed that the agreement had been appropriately certified and that all procedural requirements had been met. Consequently, the Fair Work Commission approved the agreement, ensuring that it would now form the basis of employment conditions for the employees of Cobham Aviation Services Engineering Pty Ltd.

The final orders of the Commission included the approval of the Cobham Regional Services Engineering Enterprise Agreement 2022, effective from the date of the decision. The agreement was to apply to all employees of Cobham Aviation Services Engineering Pty Ltd who were covered by the agreement. The Commission also directed that the agreement be lodged with the Fair Work Commission for registration, ensuring that it would be legally binding and enforceable. This decision provided clarity and certainty for both the employees and the employer, establishing the terms and conditions of employment for the foreseeable future.

Cobham Aviation Services Engineering Pty Ltd T/A Cobham Aviation Services Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established