Rockhampton Aviation Maintenance Pty Limited Summary

[2025] FWCA 3066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rockhampton Aviation Maintenance Pty Limited

(AG2025/2827)

ROCKHAMPTON AVIATION MAINTENANCE PTY LIMITED AIRCRAFT ENGINEERS’ (ROCKHAMPTON) ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER HUNT	BRISBANE, 11 SEPTEMBER 2025

Application for approval of the Rockhampton Aviation Maintenance Pty Limited Aircraft Engineers’ (Rockhampton) Enterprise Agreement 2025

Rockhampton Aviation Maintenance Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Rockhampton Aviation Maintenance Pty Limited Aircraft Engineers’ (Rockhampton) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Licensed Aircraft Engineers Association (ALAEA) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

The AMWU proposed amendments to certain undertakings proffered by the Employer, and an employee bargaining representative advised that they supported the AMWU’s proposals. I advised the parties that my preliminary view was that the Agreement was capable of approval with the undertakings proposed by the Employer, and that if any party objected, they were to advise my chambers within a further period of two business days. No further views or objections from the parties were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement’s workplace delegates’ rights term is less favourable than that contained in the applicable Airline Operations—Ground Staff Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMWU and the ALAEA, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU and the ALAEA.

The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1 of the Agreement, will operate from 22 September 2025. The nominal expiry date of the Agreement is 22 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

The case involves Rockhampton Aviation Maintenance Pty Limited and the Fair Work Commission. The matter was an application for approval of the Rockhampton Aviation Maintenance Pty Limited Aircraft Engineers’ (Rockhampton) Enterprise Agreement 2025. The dispute centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement fairly reflected the conditions of employment for the employees covered by it, and whether it complied with the procedural requirements for such agreements.

The central legal issues before the Commission were whether the agreement met the procedural requirements for registration and if the terms of the agreement were fair and reasonable. The Commission had to assess whether the agreement was made in good faith, whether it included a genuine enterprise bargaining process, and if it contained the essential elements of an enterprise agreement. Additionally, the Commission needed to evaluate if the agreement's terms were fair and reasonable, considering the broader context of industrial relations.

The Fair Work Commission found that the application satisfied the procedural requirements for registration, including the genuine enterprise bargaining process and the inclusion of essential elements. The Commission determined that the agreement reflected the conditions of employment fairly and reasonably, taking into account the nature of the business and the bargaining process. The terms of the agreement were considered to be appropriate and balanced, ensuring that both the employer and employees' interests were fairly represented. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Rockhampton Aviation Maintenance Pty Limited Aircraft Engineers’ (Rockhampton) Enterprise Agreement 2025. The decision recognised the agreement as meeting the necessary criteria for approval under the Fair Work Act 2009, ensuring that it reflected the conditions of employment fairly and reasonably.

Rockhampton Aviation Maintenance Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established