DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sikorsky Aircraft Australia Limited
(AG2015/5484)

SIKORSKY AIRCRAFT AUSTRALIA LIMITED EMPLOYEE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 SEPTEMBER 2015

Application for approval of the Sikorsky Aircraft Australia Limited Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sikorsky Aircraft Australia Limited Employee Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sikorsky Aircraft Australia Limited. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sikorsky Aircraft Australia Limited applied to the Fair Work Commission for the approval of the Sikorsky Aircraft Australia Limited Employee Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union and the Transport Workers Union. The Commission was required to determine whether the agreement was a simple, genuine and independent agreement and whether it should be approved.

The court considered the nature of the dispute and the provisions of the Fair Work Act 2009. It examined the process by which the agreement was negotiated, the parties involved, and whether the agreement was genuinely independent of any party. The court also considered whether the agreement met the requirements of a simple agreement and whether it should be approved based on the balance of merits.

After considering the evidence and arguments presented, the Fair Work Commission found that the agreement was genuinely independent and met the requirements of a simple agreement. The court was satisfied that the agreement was fair and reasonable and should be approved. The court approved the Sikorsky Aircraft Australia Limited Employee Agreement 2015.

The court ordered that the agreement be registered and that it would be in effect from the date of the approval. The decision was final and binding on all parties involved. The court's approval of the agreement would provide stability and certainty to the employment relationship between Sikorsky Aircraft Australia Limited and its employees.

Sikorsky Aircraft Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established