Cobham NAS Pty Ltd T/A Cobham Aviation Services Australia

[2023] FWCA 922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cobham NAS Pty Ltd T/A Cobham Aviation Services Australia

(AG2023/620)

COBHAM NAS LOGISTICS ENTERPRISE AGREEMENT 2021- 2025

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MARCH 2023

Application for approval of the COBHAM NAS LOGISTICS Enterprise Agreement 2021-2025.

An application has been made for approval of an enterprise agreement known as the COBHAM NAS LOGISTICS Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cobham NAS Pty Ltd T/A Cobham Aviation Services Australia. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2023. 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 involved Cobham NAS Pty Ltd, trading as Cobham Aviation Services Australia, and the Australian Council of Trade Unions (ACTU) as the representative of certain employees. The dispute centred around the application for the approval of the Cobham NAS Logistics Enterprise Agreement 2021-2025, a document intended to govern the terms and conditions of employment for certain employees within the company. The matter was heard by the Fair Work Commission, an Australian federal statutory tribunal.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it was in the interests of the employees. Specifically, the Commission had to determine if the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms of employment and if it met the procedural requirements for enterprise agreements. Additionally, the Commission examined the fairness of the agreement in terms of its impact on the employees' conditions of work and whether it complied with the principles of good faith bargaining and the provisions of the Fair Work Act.

The Fair Work Commission considered the submissions from both parties and the broader context of the enterprise agreement. The Commission assessed the procedural fairness of the agreement, including the extent to which good faith bargaining had taken place, and the substantive fairness of the terms, such as pay rates, working conditions, and other employment provisions. After reviewing the evidence and submissions, the Commission concluded that the agreement met the necessary statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for fair and equitable terms for the employees and was in their best interests. Therefore, the Commission approved the Cobham NAS Logistics Enterprise Agreement 2021-2025.

As a result of the Commission's decision, the Cobham NAS Logistics Enterprise Agreement 2021-2025 was approved and is now legally binding between Cobham NAS Pty Ltd and the affected employees. The agreement will govern the terms and conditions of employment for the employees covered by the agreement during the period from 2021 to 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established