Safran Helicopter Engines Australia Pty Ltd

[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.

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.

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.

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.

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

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.

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

Annexure A

CaseChat Overview and Summary

In the matter of Safran Helicopter Engines Australia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Workshop) 2023. The dispute involved the negotiation and subsequent approval of a workplace agreement between the employer and its employees. The employees were represented by the United Voice union, while the employer was represented by its legal counsel. The primary focus of the case was to ensure the agreement met the necessary legal standards and was fair and reasonable for all parties involved.

The court was tasked with determining whether the enterprise agreement met the legal requirements under the Fair Work Act 2009. This included assessing if the agreement had been made in good faith, if it contained the minimum terms and conditions as per the Fair Work Act, and if it was free from any prohibited content. The court also had to consider the fairness of the agreement in terms of its impact on the employees and the employer, ensuring it was not detrimental to either party.

The Fair Work Commission reviewed the application thoroughly, considering submissions from both the employer and the union. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It also noted that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the interests of both the employer and the employees. The Commission approved the agreement, emphasising its balanced approach and compliance with legal standards.

The final orders included the approval of the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Workshop) 2023, which would now be binding on all parties involved. This decision ensured that the agreement could be implemented, providing a stable and fair framework for the employer and employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established