DECISION

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

Panasonic Avionics Corporation
(AG2015/1815)

PANASONIC AVIONICS TECHNICAL SERVICES LINE MAINTENANCE ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 20 FEBRUARY 2015

Application for approval of the Panasonic Avionics Technical Services Line Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Panasonic Avionics Technical Services Line Maintenance Enterprise Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Panasonic Avionics Corporation (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 6 February 2015. The application included a Statutory Declaration of Leon Barnard made on behalf of the Employer and dated 6 February 2015, (the Declaration). The Declaration stated that the Agreement was made on 23 January 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 20 February 2015. I note that the file has included a Statutory Declaration of Stephen Re made on behalf of the Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 31 and a consultation term at clause 28.

[6] 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.
[7] The ALAEA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 February 2015. The nominal expiry date of the Agreement as specified in clause 2.3 of the Agreement, is 20 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Panasonic Avionics Corporation, the Fair Work Commission was presented with an application for the approval of the Panasonic Avionics Technical Services Line Maintenance Enterprise Agreement 2014. The applicant, Panasonic Avionics Corporation, sought the approval of the agreement under the Fair Work Act 2009. The agreement, if approved, would govern the terms and conditions of employment for a defined group of employees within the company. The nature of the dispute centred on whether the proposed agreement met the statutory requirements for approval under the Act, specifically considering if it provided for fair and reasonable terms and conditions of employment.

The legal issues that the Commission needed to resolve involved assessing the fairness and reasonableness of the terms and conditions set out in the agreement. This included examining whether the agreement provided adequate protections and benefits for employees, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also needed to determine if the agreement had been genuinely negotiated between the employer and the employees, and if it provided for an appropriate balance between the rights and interests of both parties.

In reaching its decision, the Fair Work Commission undertook a detailed analysis of the proposed agreement. The Commission considered various aspects, including the procedural fairness of the negotiation process, the content of the agreement, and its compliance with the statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated between the parties. Consequently, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the Commission included the approval of the Panasonic Avionics Technical Services Line Maintenance Enterprise Agreement 2014, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Panasonic Avionics Corporation and the relevant employees.

Panasonic Avionics Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established