GE Aviation Systems Australia Pty Ltd

Case [2015] FWCA 277


[2015] FWCA 277
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

GE Aviation Systems Australia Pty Ltd
(AG2014/8310)

GE AVIATION SYSTEMS AUSTRALIA COLLECTIVE AGREEMENT 2015

Airline operations

COMMISSIONER CRIBB

MELBOURNE, 13 JANUARY 2015

Application for approval of the GE Aviation Systems Australia Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GE Aviation Systems Australia Collective Agreement 2015 (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] An undertaking has been given with respect to clause 11 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved in Chambers on 13 January 2015 and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

ANNEXURE A

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Details
AGLC
GE Aviation Systems Australia Pty Ltd [2015] FWCA 277
Case
[2015] FWCA 277
Decision Date

CaseChat Overview and Summary

The applicant, GE Aviation Systems Australia Pty Ltd, sought approval of the GE Aviation Systems Australia Collective Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement was necessary for the ongoing operation of its business and the agreement was in the interests of the employees. The respondent, the Transport Workers Union of Australia, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The court was required to determine whether the agreement was in the interests of the employees and whether it met the requirements of the Fair Work Act 2009. The court examined the agreement's provisions and found that they were reasonable and necessary for the ongoing operation of the business. The court also found that the agreement met the requirements of the Fair Work Act 2009, including that it provided for the fair and reasonable terms and conditions of employment for the employees.

The court approved the application and found that the agreement was in the interests of the employees and met the requirements of the Fair Work Act 2009. The court noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees and that it was necessary for the ongoing operation of the business. The court also noted that the agreement provided for the fair and reasonable resolution of any disputes that may arise between the applicant and the employees.

The court approved the GE Aviation Systems Australia Collective Agreement 2015 and ordered that it be registered with the Fair Work Commission. The court found that the agreement was in the interests of the employees and met the requirements of the Fair Work Act 2009. The court also noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees and that it was necessary for the ongoing operation of the business.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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