DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surveillance Australia Pty Ltd T/A Cobham Aviations Services - Special Mission
(AG2017/3215)

SURVEILLANCE AUSTRALIA PILOT AND OBSERVER ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2017

Application for approval of the Surveillance Australia Pilot and Observer Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Surveillance Australia Pilot and Observer Enterprise Agreement 2016 (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 - Special Mission. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Federation of Air Pilots and Transport Workers’ Union of Australia being a bargaining representative 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Surveillance Australia Pty Ltd, trading as Cobham Aviation Services – Special Mission, made an application for approval of the Surveillance Australia Pilot and Observer Enterprise Agreement 2016. The application was heard by the Fair Work Commission, with the decision being handed down by Deputy President L D Mason. The agreement was in dispute between the employer and the Australian Licensed Aircraft Engineers’ Association, representing the employees. The crux of the dispute centred on whether the agreement complied with the relevant legislative requirements and provided fair terms for the employees.

The legal issues before the court were whether the agreement met the standards for approval under the Fair Work Act 2009. This involved examining the agreement’s compliance with procedural fairness, whether it covered all mandatory topics, and if it provided for fair and reasonable terms and conditions. Additionally, the court needed to determine whether the agreement was free from any prohibited content, such as discriminatory provisions.

Deputy President Mason found that the application met the statutory criteria for approval. The agreement was deemed to be free from prohibited content and provided for fair and reasonable terms and conditions for the employees. The court accepted that the agreement was made in good faith and that the process for making the agreement was fair. It was also determined that the agreement covered all the mandatory topics required by the Fair Work Act 2009. Consequently, the application was approved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established