Goodrich Aerospace Pty Ltd

[2013] FWCA 4780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Goodrich Aerospace Pty Ltd
(AG2013/7410)

GOODRICH AEROSPACE PTY LTD ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 JULY 2013

Application for approval of the Goodrich Aerospace Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Goodrich Aerospace Pty Ltd Enterprise Agreement 2013-2016 (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 July 2013. The nominal expiry date of the Agreement is 30 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goodrich Aerospace Pty Ltd recently faced a legal matter before the Fair Work Commission, where the primary issue was the approval of the Goodrich Aerospace Pty Ltd Enterprise Agreement 2013-2016. This agreement, which was to be made under the Fair Work Act 2009, had been the subject of negotiation between the company and its employees. The legal issue at hand revolved around whether the agreement met the necessary requirements under the Fair Work Act, including whether it complied with the process outlined for the approval of enterprise agreements, and if it adequately balanced the interests of both employers and employees.

The Commission examined the procedural aspects of the agreement's negotiation and whether the process adhered to the standards set by the Fair Work Act. Additionally, the court evaluated the substantive provisions of the agreement, assessing whether they provided fair and reasonable terms for the employees, including matters such as wages, hours of work, and other conditions of employment. The Commission also considered the impact of the agreement on employees' rights and protections, ensuring it did not undermine any existing legislative entitlements.

In its decision, the Fair Work Commission found that the negotiation process was conducted in a manner compliant with the Fair Work Act. The Commission noted that while there were some procedural imperfections, these did not significantly affect the fairness of the process. Regarding the substantive provisions, the Commission concluded that the agreement provided fair and reasonable terms for the employees, and did not unduly disadvantage any party. The Commission was satisfied that the agreement did not undermine existing employee rights and protections, and that it balanced the interests of both the employer and the employees. Therefore, the Commission approved the Goodrich Aerospace Pty Ltd Enterprise Agreement 2013-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established