DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northrop Grumman Integrated Defence Services T/A Northrop Grumman Australia – Technology Services
(AG2018/2561)

NGA-TS (AIRCRAFT MAINTENANCE AND REFURBISHMENT) AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the NGA-TS (Aircraft Maintenance and Refurbishment) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NGA-TS (Aircraft Maintenance and Refurbishment) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northrop Grumman Integrated Defence Services T/A Northrop Grumman Australia – Technology Services. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Northrop Grumman Integrated Defence Services, trading as Northrop Grumman Australia – Technology Services, sought approval of the NGA-TS (Aircraft Maintenance and Refurbishment) Agreement 2018. The application arose from negotiations with the Australian Manufacturing Workers’ Union, which represented certain employees engaged in aircraft maintenance and refurbishment work. The central issue was whether the agreement complied with the relevant legislative provisions and met the necessary standards for approval.

The court had to determine if the agreement fulfilled the criteria set out in the Fair Work Act 2009. Specifically, it needed to assess whether the agreement provided for the terms and conditions of employment, including minimum rates of pay and other entitlements, in a manner that was fair and reasonable. Furthermore, the court examined whether the agreement provided for the efficient, productive and flexible operation of the workplace, and whether it complied with any applicable award or registered agreement. Additionally, the court considered whether the agreement was made in good faith and if it provided for proper mechanisms for the resolution of workplace disputes.

After thorough examination, the Fair Work Commission found that the agreement met the necessary standards for approval. The court concluded that the agreement provided for fair and reasonable terms and conditions of employment and facilitated an efficient and productive workplace. The agreement was deemed to be made in good faith and included appropriate mechanisms for resolving workplace disputes. Consequently, the court granted approval for the NGA-TS (Aircraft Maintenance and Refurbishment) Agreement 2018, allowing it to come into effect as a registered agreement.

Northrop Grumman Integrated Defence Services T/A Northrop Grumman Australia – Technology Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established