DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GE Aviation Systems Australia Pty Ltd
(AG2018/753)

GE AVIATION SYSTEMS AUSTRALIA COLLECTIVE AGREEMENT 2018

Airline operations
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2018

Application for approval of the GE Aviation Systems Australia Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GE Aviation Systems Australia Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GE Aviation Systems Australia 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) was an application for the approval of the GE Aviation Systems Australia Collective Agreement 2018. The applicant, GE Aviation Systems Australia Pty Ltd, sought approval of the agreement under section 234 of the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers’ Union, represented the employees. The primary dispute centred on the terms and conditions of employment outlined in the agreement, which included various provisions related to wages, hours of work, leave, and other employment matters.

The legal issues before the FWC involved whether the agreement met the requirements set out in the Fair Work Act, particularly whether it provided for a safety net of minimum entitlements, facilitated efficient bargaining, and did not discriminate against any group of employees. The FWC had to assess whether the agreement was in the best interests of the employees and the employer, and whether it provided for fair and efficient terms and conditions of employment.

The FWC found that the agreement provided for a safety net of minimum entitlements and facilitated efficient bargaining. The FWC considered that the agreement was fair and efficient, and in the best interests of the employees and the employer. The FWC noted that the agreement included provisions for minimum wages, penalty rates, and other employment conditions, which were consistent with the provisions of the relevant awards and the national system for the determination of wages and conditions. The FWC also found that the agreement did not contain any provisions that would result in discrimination against any group of employees.

The FWC approved the GE Aviation Systems Australia Collective Agreement 2018, effective from 1 April 2018. The approval was subject to certain conditions, including the requirement that the applicant provide the respondent with a copy of the agreement and any amendments made to it. The FWC also required the applicant to notify the respondent of any changes to the terms and conditions of employment of the employees covered by the agreement.

GE Aviation Systems Australia 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