DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodrich Aerospace Pty Ltd T/A UTC Aerospace Systems
(AG2016/1261)

GOODRICH AEROSPACE PTY LTD ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Goodrich Aerospace Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Goodrich Aerospace Pty LTD Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodrich Aerospace Pty Ltd T/A UTC Aerospace Systems. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Goodrich Aerospace Pty Ltd, trading as UTC Aerospace Systems, and the Australian Manufacturing Workers' Union. The central issue was the application for approval of the Goodrich Aerospace Pty Ltd Enterprise Agreement 2016-2019. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it covered.

The primary legal issues that the Commission needed to address included whether the agreement provided for the proper operation of the enterprise, whether it ensured the fair treatment of employees, and whether it adhered to the procedural requirements set out in the Fair Work Act. Specifically, the Commission examined whether the agreement contained provisions that met the minimum terms and conditions as outlined in the relevant industrial instruments and whether it complied with the procedural fairness principles, including the necessity of genuine bargaining and the provision of adequate information to the parties involved.

In delivering its decision, the Commission considered the evidence provided by both parties and the submissions made during the hearing. The Commission found that the agreement contained provisions that were consistent with the Fair Work Act and met the minimum terms and conditions. It also concluded that the agreement had been the product of genuine bargaining, and the necessary procedural fairness had been observed. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application for the Enterprise Agreement 2016-2019. The Fair Work Commission's decision was based on the comprehensive evidence presented, the adherence to statutory requirements, and the overall benefits the agreement would provide to the employees.

Goodrich Aerospace Pty Ltd T/A UTC Aerospace Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established