DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Turbine Solutions Pty Ltd
(AG2016/7936)

NETWORK TURBINE SOLUTIONS ENGINEERING ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the Network Turbine Solutions Engineering Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Network Turbine Solutions Engineering Enterprise Agreement 2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (“the Act “) by Network Turbine Solutions Pty Ltd. It is a single enterprise agreement.

[2] The Applicant has provided an undertaking concerning any deductions made under clause 25 “Training Bond” in the Agreement. A copy of the undertaking is attached in Attachment A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement, or result in substantial changes to the Agreement. The undertaking is accordingly accepted and will now be taken to be a term of the Agreement as provided for by s.191 of the Act.

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

[4] The Transport Workers’ Union of Australia and the Australian Licensed Aircraft Engineers Association, who were both bargaining representatives for the Agreement, have each given notice under s.183 of the Act that both want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers each organisation.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 12 April 2017. The nominal expiry date is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Network Turbine Solutions Pty Ltd was a party to the Network Turbine Solutions Engineering Enterprise Agreement 2016, which was subject to an application for approval by the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment within the enterprise agreement, specifically focusing on issues raised by the Australian Manufacturing Workers' Union. The Fair Work Commission was tasked with determining whether the agreement should be approved as a certified agreement under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was appropriately certified by a certified bargaining representative. Additionally, the Commission needed to assess whether the agreement complied with the procedural requirements set out in the Act, including the proper conduct of bargaining processes.

The Commission carefully reviewed the provisions of the agreement and considered the evidence presented by the parties. It found that the agreement contained terms and conditions that were fair and reasonable, and that it complied with the statutory requirements for certification. The Commission also determined that the bargaining process had been conducted appropriately, with the certified bargaining representative acting within their powers. Consequently, the Fair Work Commission approved the Network Turbine Solutions Engineering Enterprise Agreement 2016 as a certified agreement. The Commission's decision was based on its assessment that the agreement met all necessary criteria for approval under the Act, ensuring that it provided for fair and reasonable terms for employees and was certified by a legitimate bargaining agent.

Network Turbine Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established