TAE Aerospace Pty Ltd Summary

[2024] FWCA 3628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

TAE Aerospace Pty Ltd

(AG2024/3340)

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 18 OCTOBER 2024

Application for approval of the TAE Aerospace Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the TAE Aerospace Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TAE Aerospace Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page in the terms required by s.185(2) of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended copy of the Agreement was later filed with a signature page that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment to the Agreement pursuant to s.586(a) of the Act.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Clause 5.3(g) of the Agreement as it relates to the provision of evidence of absence on personal leave may be contrary to evidence required under the National Employment Standards (NES). Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 25 October 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, TAE Aerospace Pty Ltd, sought approval for an enterprise agreement. The dispute involved the application for approval of the TAE Aerospace Enterprise Agreement 2024 under section 185 of the Fair Work Act 2009. The primary issue for the Commission was to determine whether the Agreement met the necessary requirements for approval and if there were any inconsistencies with the National Employment Standards (NES).

The Commission found that while the original Agreement did not include the required signed signature page, an amended version was subsequently filed that complied with the statutory requirements. The Commission exercised its discretion under section 586(a) of the Act to allow the amendment. Additionally, the Commission examined whether clause 5.3(g) of the Agreement, which pertains to evidence of absence on personal leave, was in conflict with the NES. The Commission determined that the NES provisions would take precedence in the event of any inconsistency, as outlined in clause 1.6 of the Agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, referred to as the Australian Manufacturing Workers’ Union (AMWU), expressed its desire for the Agreement to cover its members, which was noted in accordance with section 201(2) of the Act. The Commission concluded that the Agreement would indeed cover the AMWU. The Agreement was approved and set to operate from 25 October 2024, with a nominal expiry date of 30 June 2026.

TAE Aerospace Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established