DECISION

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

National Jet Systems Pty Ltd T/A Cobham Aviation Services - Engineering
(AG2015/2628)

COBHAM ENGINEERING HMU ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 18 MAY 2015

Application for approval of the Cobham Engineering HMU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Engineering HMU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Jet Systems Pty Ltd T/A Cobham Aviation Services - Engineering. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Jet Systems Pty Ltd trading as Cobham Aviation Services - Engineering, sought approval for the Cobham Engineering HMU Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose due to disagreements between the employer and the employees represented by the Transport Workers Union of Australia regarding the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the prescribed minimum terms, complied with the procedural fairness requirements, and whether it was in the best interests of the employees. The applicant argued that the agreement met all the necessary criteria, while the union contended that certain provisions did not comply with the statutory minimum standards and that the agreement failed to meet procedural fairness requirements.

In its decision, the Commission found that the agreement contained all the prescribed minimum terms as required by the Fair Work Act. It determined that the applicant had fulfilled the procedural fairness obligations by providing the union with adequate information and opportunity to negotiate. The Commission also concluded that the agreement was in the best interests of the employees, considering the overall terms and benefits provided. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the Cobham Engineering HMU Enterprise Agreement 2014, effective from 1 July 2014. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that it would apply to the employees covered by the agreement. The decision was made on the basis that the agreement complied with the legal requirements and was in the best interests of the employees.

National Jet Systems Pty Ltd T/A Cobham Aviation Services - Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established