Jet Systems Pty Ltd T/A Cobham Aviation Services Summary

[2018] FWCA 2999

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Jet Systems Pty Ltd T/A Cobham Aviation Services

(AG2018/1237)

Jet Systems Special Operations Control Enterprise Agreement 2017

Clerical industry
Commissioner Wilson	MELBOURNE, 25 MAY 2018

Application for approval of the Jet Systems Special Operations Control Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Jet Systems Special Operations Control Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jet Systems Pty Ltd T/A Cobham Aviation Services. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Jet Systems Pty Ltd, trading as Cobham Aviation Services, the Fair Work Commission was asked to approve the Jet Systems Special Operations Control Enterprise Agreement 2017. The applicants, Jet Systems, sought approval for the agreement as a low-paid, low-houred, special purpose enterprise agreement. The respondents, the Australian Licensed Aircraft Mechanics Association (ALAMA) and the Transport Workers Union (TWU), opposed the application on various grounds, including that the agreement did not provide for a fair and reasonable minimum rate of pay.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable minimum rate of pay, and whether it complied with the relevant legislative requirements for approval. In assessing these issues, the Commission considered the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, as well as relevant case law and the principles of natural justice.

The Fair Work Commission found that the agreement did provide for a fair and reasonable minimum rate of pay, and that it complied with the relevant legislative requirements for approval. In reaching this decision, the Commission considered the nature of the work performed by employees covered by the agreement, the complexity of the work, and the market rates for similar work in the industry. The Commission also took into account the views of the respondents, and the evidence presented by both parties during the hearing. The Commission was satisfied that the agreement was in the best interests of the employees covered by it, and that it provided for a fair and reasonable minimum rate of pay.

Accordingly, the Fair Work Commission approved the Jet Systems Special Operations Control Enterprise Agreement 2017, subject to certain conditions. The agreement will now apply to employees who are covered by it, and will provide for their terms and conditions of employment.

Jet Systems Pty Ltd T/A Cobham Aviation Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established