DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobham Aviation Services T/A Cobham Aviation Services Engineering Pty Ltd
(AG2018/2875)

COBHAM ENGINEERING HMU ENTERPRISE AGREEMENT 2017

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Cobham Engineering HMU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Engineering HMU Enterprise Agreement 2017 (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 T/A Cobham Aviation Services Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cobham Aviation Services T/A Cobham Aviation Services Engineering Pty Ltd applied to the Fair Work Commission for approval of the Cobham Engineering HMU Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers Union, who argued the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement provided for the compulsory resolution of future disputes and the proper protection of employees' rights. The Fair Work Commission considered the arguments and examined the text of the agreement. It found that while the agreement did not expressly provide for the compulsory resolution of future disputes, it did not necessarily mean the agreement was invalid. The Commission concluded that the agreement provided for the proper protection of employees' rights and approved the agreement. The Commission's decision was based on the understanding that the agreement, while not perfect, provided a fair and reasonable outcome for all parties involved. The approval of the agreement means that it will now be binding on all employees and employers covered by it.

Cobham Aviation Services T/A 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