GE Aviation Systems Australia Pty Ltd Trading AS GE Aerospace
[2025] FWCA 3398
•9 OCTOBER 2025
| [2025] FWCA 3398 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GE Aviation Systems Australia Pty Ltd Trading AS GE Aerospace
(AG2025/3189)
GE AVIATION SYSTEMS AUSTRALIA ENTERPRISE AGREEMENT 2025
| Airport operations | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 9 OCTOBER 2025 |
Application for approval of the GE Aviation Systems Australia Enterprise Agreement 2025
Introduction
GE Aviation Systems Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the GE Aviation Systems Australia Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Airline Operations – Ground Staff Award 2020 (the Award).
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Casual Employees
The Agreement is silent on entitlements for casual employees. The Commission raised a concern with the Employer that casual employees may not be better off overall under the Agreement. The Employer submitted that casual employment is not a type of employment permitted by the Agreement and therefore it is not reasonably foreseeable that the Employer will employ a casual employee. The TWU has not expressed any disagreement in relation to this matter. I am therefore satisfied that it is reasonably foreseeable that the Employer will not employ a casual employee during the life of this Agreement.
Better off Overall Test (BOOT) Issues
The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the Award:
The Agreement provides rates of pay for apprentices and clause 14 states that the Employer may employ apprentices and will take reasonable steps to ensure that an apprentice meets with an apprenticeship support network provider and is presented with a training contract from the provider. However, the Agreement is otherwise silent about entitlements afforded to apprentices such as the reimbursement of training fees and textbooks (clause 12.15 of the Award) or attendance at training and assessment facilities without loss of pay (clause 12.2 of the Award).
Clause 22 of the Agreement provides that ordinary hours worked on a Sunday will be paid at the rate of 150% for the first 4 hours and 200% thereafter. Clause 14.2 and 17.7 of the Award provide for a rate of 200% for ordinary hours performed on a Sunday. This appears to present a concern for employees required to work Sundays in isolation. The Employer submitted that it currently has a single part-time employee who is contracted to work 34.4 hours per week, working 8.6 hours Monday, Wednesday, Thursday and Friday. As such, a part-time employee working in isolation on a Sunday is not a reasonably foreseeable pattern of work. The Employer also submitted that a full-time employee working in isolation on Sunday is not a reasonably foreseeable pattern of work. The TWU has not expressed any disagreement in relation to this matter. I am therefore satisfied that it is reasonably foreseeable that the Employer will not employ an employee required to work Sundays in isolation.
Clause 23 of the Agreement provides that overtime worked on a Sunday will be paid at 150% for the first four hours and 200% thereafter. Clause 24 of the Award provides 200% for all overtime hours worked on a Sunday by a shiftworker. It appears that rates of pay are not high enough to compensate the majority of employees who performs overtime while on shiftwork on a Sunday. The Employer submitted that it does not have employees working shiftwork. Therefore, in accordance with s.193A(6) of the Act, a shiftwork employee performing overtime on a Sunday is not a a reasonably foreseeable pattern of work. The TWU has not expressed any disagreement in relation to this matter. I am therefore satisfied that it is reasonably foreseeable that the Employer will not employ a shiftwork employee performing overtime on a Sunday.
Clause 23 of the Agreement provides that all work done outside of the ordinary span of hours on a Monday to Friday will be paid at 150%. Additionally, overtime worked on a Saturday or Sunday will be paid at 150% for the first four hours and 200% thereafter. Clause 24 of the Award provides that all overtime worked by a continuous shiftworker will be paid at 200%. It appears that rates of pay are not high enough to compensate the majority of employees who are engaged as continuous shiftworkers and who perform overtime hours on any day. The Employer reiterated its previous submission that it does not have employees working shiftwork. Therefore, in accordance with s.193A(6) of the Act, a shiftwork employee performing overtime on any day is not a reasonably foreseeable pattern of work. The TWU has not expressed any disagreement in relation to this matter. I am therefore satisfied that it is reasonably foreseeable that the Employer will not employ a shiftwork employee performing overtime on any day.
Section 190 Undertakings
The Employer provided written submissions and undertakings to address the above BOOT issues. A copy of the undertakings is attached in Appendix F. 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Transport Workers’ Union (TWU) 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 TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2025. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
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Annexure A
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