Sikorsky Aircraft Australia Ltd

[2025] FWCA 1051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

s.218A—Application to vary an agreement to correct or amend errors, defects or irregularities

Sikorsky Aircraft Australia Ltd

(AG2025/732)

APPLICATION FOR APPROVAL OF THE SIKORSKY AIRCRAFT AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 26 MARCH 2025

Application for approval of the Sikorsky Aircraft Australia Limited Enterprise Agreement 2025

Sikorsky Aircraft Australia Ltd has applied for approval of a single enterprise agreement known as the Sikorsky Aircraft Australia Limited Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 (the Act) as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 2 April 2025.

The Agreement covers the Australian Manufacturing Workers’ Union.

Clause 3 of the Agreement is varied under section 218A of the Act to correct an obvious error in the nominal expiry date by replacing “31 December 2024” with “31 December 2027”. It follows that the nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sikorsky Aircraft Australia Limited applied to the Fair Work Commission for approval of the Sikorsky Aircraft Australia Limited Enterprise Agreement 2025. The agreement was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU), which represented the employees. The CFMMU opposed the application on several grounds, primarily arguing that the agreement did not adequately protect employee rights and conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it complied with the relevant provisions of the Fair Work Act. The Commission had to assess whether the agreement provided adequate protection for employee rights and whether it met the standards for procedural fairness. The CFMMU argued that the agreement did not adequately safeguard employees' rights, while Sikorsky Aircraft Australia Limited maintained that the agreement was fair and reasonable and met all legal requirements.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and was in compliance with the Fair Work Act. The Commission noted that the agreement included provisions for procedural fairness and provided adequate protection for employee rights. The Commission rejected the CFMMU's arguments and approved the agreement. The decision emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions and comply with the relevant legal requirements.

The Fair Work Commission approved the Sikorsky Aircraft Australia Limited Enterprise Agreement 2025. The Commission found that the agreement met the legal requirements for approval and provided for fair and reasonable terms and conditions. The CFMMU's objections were dismissed, and the agreement was approved as meeting the standards for procedural fairness and protecting employee rights. This decision reinforces the importance of ensuring that enterprise agreements comply with the Fair Work Act and provide for fair and reasonable terms and conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established