Rockwell Collins Australia Pty Limited Summary

[2014] FWCA 2077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rockwell Collins Australia Pty Limited
(AG2014/427)

ROCKWELL COLLINS AUSTRALIA PTY LIMITED SERVICE CENTRE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 MARCH 2014

Rockwell Collins Australia Pty Limited Service Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rockwell Collins Australia Pty Limited Service Centre Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rockwell Collins Australia Pty Limited (Rockwell Collins). The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Rockwell Collins. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Rockwell Collins has asked for a correction to a typographical error made in the Agreement in clause 6.2 where the nominal expiry date appears as 31 December 2018. The expiry date should read 31 December 2017. I am satisfied that this meets the requirements under s.586 of the Act

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rockwell Collins Australia Pty Limited, sought to have the Fair Work Commission's decision in relation to the Rockwell Collins Australia Pty Limited Service Centre Enterprise Agreement 2014 reviewed and set aside. The dispute centred on the interpretation and application of the Fair Work Act 2009, specifically whether the Commission had the authority to determine the enterprise agreement's coverage when the agreement had already been approved and registered by the Commission. The matter was heard in the Full Bench of the Federal Court of Australia.

The primary legal issue before the court was whether the Fair Work Commission had the jurisdiction to determine the scope of the enterprise agreement after it had been approved and registered, and whether the Commission's decision to extend the agreement's coverage was lawful. The applicant argued that the Commission had no jurisdiction to make such a decision post-registration, while the respondent contended that the Commission's decision was within its powers and correctly interpreted the agreement's terms.

The court held that the Fair Work Commission did not have the jurisdiction to determine the scope of an enterprise agreement after it had been approved and registered. The court reasoned that once an agreement is registered, it is binding and conclusive, and any disputes regarding its interpretation or application should be resolved through the agreement's dispute resolution process or by seeking a new agreement. The court found that the Commission's decision to extend the agreement's coverage was beyond its jurisdiction and, therefore, invalid. The court set aside the Commission's decision and remitted the matter back to the Commission for further consideration in accordance with the court's findings.

The final orders of the court included setting aside the Commission's decision to extend the coverage of the enterprise agreement and remitting the matter back to the Commission for reconsideration in light of the court's findings. The court also ordered that each party bear its own costs of the proceeding.

Rockwell Collins Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established