DECISION

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

Safran Helicopter Engines Australia Pty Ltd
(AG2019/725)

SAFRAN HELICOPTER ENGINES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (WAREHOUSE) 2019

Airline operations
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Warehouse) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Warehouse) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Safran Helicopter Engines Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 5 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 21 June 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Safran Helicopter Engines Australia Pty Ltd Enterprise Agreement (Warehouse) 2019. The dispute arose between Safran Helicopter Engines Australia Pty Ltd, the employer, and the Transport Workers Union of Australia, the union representing the employees. The union sought approval of the agreement, while the employer argued that certain provisions should not be approved due to potential adverse impacts on productivity and workplace flexibility. The Commission was tasked with determining whether the agreement complied with the provisions of the Fair Work Act 2009.

The central legal issues the Commission had to decide included whether the provisions of the agreement were fair and reasonable, whether they complied with the statutory requirements, and if they unfairly disadvantaged the employer by imposing inflexible working arrangements. The union argued that the agreement was fair and necessary to ensure reasonable working conditions, while the employer contended that certain clauses would lead to inefficiencies and increased operational costs.

The Commission, after considering the submissions from both parties, found that most of the agreement's provisions were fair and reasonable, and did not unfairly disadvantage the employer. The Commission emphasised the importance of achieving a balance between the rights of employees and the operational needs of the employer. It concluded that while some clauses might impose additional costs, they did not undermine the employer's ability to manage its business effectively. Consequently, the Commission approved the agreement, subject to certain modifications to address minor concerns raised by the employer.

The final orders of the Commission included the approval of the enterprise agreement with modifications to specific clauses to ensure that they did not impose undue burdens on the employer. The modifications primarily concerned the clarification of certain working arrangements to enhance flexibility without compromising employee rights. The decision underscores the need for enterprise agreements to be fair, reasonable, and balanced, taking into account the interests of both employers and employees.

Safran Helicopter Engines Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established