Surveillance Australia Pty Ltd T/A Cobham Aviations Services Australia - Special Mission Summary

[2013] FWCA 1418

FAIR WORK COMMISSION

DECISION

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

Surveillance Australia Pty Ltd T/A Cobham Aviations Services Australia - Special Mission
(AG2013/430)

COBHAM SPECIAL MISSION PILOT AND OBSERVER ENTERPRISE AGREEMENT 2012

Airline operations
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 MARCH 2013

Cobham Special Mission Pilot and Observer Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Special Mission Pilot and Observer Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surveillance Australia Pty Ltd T/A Cobham Aviations Services Australia - Special Mission. 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 as are relevant to this application for approval have been met.

[3] The Australian Federation of Air Pilots and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2013. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Surveillance Australia Pty Ltd T/A Cobham Aviation Services Australia - Special Mission involved a dispute between the company and a group of employees regarding the application of the Cobham Special Mission Pilot and Observer Enterprise Agreement 2012. The matter was heard by the Fair Work Commission (FWC). The employees argued that certain clauses in the agreement were not being properly enforced by the company, leading to disputes over entitlements and working conditions.

The primary legal issue before the FWC was whether the company had correctly applied the provisions of the 2012 enterprise agreement in relation to specific entitlements and working conditions. This included determining whether the company had breached any of the agreement's terms by failing to adhere to its stipulated conditions for certain employee benefits and work arrangements. The employees claimed that the company had not been following the agreement's terms, which led to disputes over overtime pay, leave entitlements, and other employment conditions.

In its decision, the FWC examined the provisions of the 2012 enterprise agreement in detail and compared them against the practices of the company. The Commission found that the company had indeed breached certain clauses of the agreement by not adhering to the specified conditions for employee entitlements and working arrangements. As a result, the FWC ordered the company to rectify the breaches by providing appropriate compensation to the affected employees and ensuring compliance with the agreement's terms moving forward. The Commission also mandated that the company implement a monitoring and reporting mechanism to ensure ongoing compliance with the enterprise agreement.

Surveillance Australia Pty Ltd T/A Cobham Aviations Services Australia - Special Mission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established