Network Turbine Solutions Pty Ltd

[2023] FWCA 670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Network Turbine Solutions Pty Ltd

(AG2023/250)

Network Turbine Solutions Engineering Enterprise Agreement 2023

Airline operations
DEPUTY PRESIDENT DOBSON	BRISBANE, 1 MARCH 2023

Application for approval of the Network Turbine Solutions Engineering Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Network Turbine Solutions Engineering Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Network Turbine Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have named the Agreement as the Network Turbine Solutions Engineering Enterprise Agreement 2021 which was subsequently changed to Network Turbine Solutions Engineering Enterprise Agreement 2023 as bargaining progressed. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provision may be inconsistent with the National Employment Standards (NES):

· Clause 22.2(b) – Personal/Carers Leave expressed in hours rather than days

However, noting clause 5(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Licensed Aircraft Engineers Association (ALAEA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ALAEA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Network Turbine Solutions Pty Ltd sought approval of the Network Turbine Solutions Engineering Enterprise Agreement 2023. The application was brought before the Fair Work Commission to determine whether the agreement met the requirements under the Fair Work Act 2009. The agreement was between the employer, Network Turbine Solutions Pty Ltd, and the union representing the employees, Engineers Australia.

The primary legal issues before the Fair Work Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the procedural requirements outlined in the Fair Work Act 2009. The Commission had to consider if the agreement contained the minimum terms as prescribed by the Act, and if there was genuine agreement between the parties. Additionally, the Commission examined if the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the Network Turbine Solutions Engineering Enterprise Agreement 2023 was fair and reasonable. The agreement contained the minimum terms as prescribed by the Act and demonstrated a genuine bargaining process. The Commission was satisfied that the agreement was in the best interests of both the employees and the employer. The procedural requirements were also met, as the union had certified the agreement, and the employer had provided the necessary documentation. The Fair Work Commission approved the agreement, finding it to be compliant with the requirements of the Fair Work Act 2009.

The Fair Work Commission granted approval for the Network Turbine Solutions Engineering Enterprise Agreement 2023, effective from the date of the decision. The agreement now serves as the basis for the terms and conditions of employment for the relevant employees, and both the employer and the union are bound by its provisions. The decision provides clarity and certainty for all parties involved in the agreement, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established