DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobham Aviation Services Engineering Pty Ltd
(AG2019/104)

COBHAM AVIATION SERVICES BASE MAINTENANCE ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT KOVACIC	CANBERRA, 17 JULY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Cobham Aviation Services Base Maintenance Enterprise Agreement 20018 (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 Agreement lodged contained an error at Clause 3.1.2 (the clause was incorrectly numbered clause 3.2.1). On 17 July 2019, the Applicant filed an amended version of the relevant page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. The amended version of the relevant page is included in the as approved Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 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 recently appeared before the Fair Work Commission in a case concerning the approval of the Cobham Aviation Services Base Maintenance Enterprise Agreement 2018. The dispute arose from negotiations between the company and the Australian Manufacturing Workers' Union, which represents the employees involved. The crux of the matter was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement appropriately provided for the employees' wages and conditions, and whether it contained provisions that were necessary for the proper functioning of the workplace. Additionally, the Commission had to consider if the agreement satisfied the requirement of being in the best interests of the employees it covered. These considerations required a thorough analysis of the terms of the proposed agreement and its implications for the workforce.

In delivering its decision, the Commission found that the proposed agreement did indeed meet the statutory requirements. It concluded that the agreement provided adequate protections for employees, including appropriate wage rates, leave entitlements, and other conditions of employment. The Commission also determined that the agreement included necessary workplace provisions and was in the best interests of the employees. Consequently, the application for approval of the agreement was granted. The decision reflects a careful balancing of the interests of both the employer and the employees, ensuring compliance with the legislative framework governing enterprise agreements in Australia.

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