Safran Helicopter Engines Australia Pty Ltd

Case •

[2023] FWCA 751

•

8 MARCH 2023
[2023] FWCA 751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Safran Helicopter Engines Australia Pty Ltd

(AG2023/115)

Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Workshop) 2023.

Miscellaneous

DEPUTY PRESIDENT EASTON

SYDNEY, 8 MARCH 2023

Application for approval of the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Workshop) 2023.

  1. Safran Helicopter Engines Australia Pty Ltd (the Employer) has made an application for the approval of the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Workshop) 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

  1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

  1. I note that the following terms are potentially inconsistent with the National Employment Standards (NES):

    • Clause 19.2 – Personal Leave
    • Clause 19.3 – Parental Leave
    • Clause 19.4 – Compassionate Leave

  1. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 15 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519438 PR760150>

Annexure A

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