DECISION

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

Turbomeca Australasia Pty Ltd
(AG2015/5528)

TURBOMECA AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT (WAREHOUSE) 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 30 SEPTEMBER 2015

Application for approval of the Turbomeca Australasia Pty Ltd Enterprise Agreement (Warehouse) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Turbomeca Australasia Pty Ltd Enterprise Agreement (Warehouse) 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Turbomeca Australasia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 16 September 2015. The application included a Statutory Declaration of Sharlene Lake made on behalf of the Employer and dated 16 September 2015 (the Declaration). The Declaration stated that the Agreement was made on 2 September 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 30 September 2015. I note that the Agreement contains a flexibility term at clause 45 and a consultation term at clause 44.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 7 October 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 7 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Turbomeca Australasia Pty Ltd applied to the Fair Work Commission for approval of the Turbomeca Australasia Pty Ltd Enterprise Agreement (Warehouse) 2015. The agreement was intended to regulate the employment terms and conditions of the warehouse workers employed by Turbomeca in Australia. The application was opposed by the Australian Manufacturing Workers Union, which argued that the agreement failed to provide adequate protections for its members.

The legal issues before the Commission included whether the agreement met the criteria for being a lawful and valid enterprise agreement under the Fair Work Act 2009. This required the Commission to consider whether the agreement had been made in good faith, was properly certified, and provided appropriate protections for the employees. The Commission also needed to determine whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In reaching its decision, the Commission noted that the agreement had been certified by an independent third party and that the parties had engaged in good faith bargaining. The Commission found that the agreement provided appropriate protections for the employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was a lawful and valid enterprise agreement and approved it. The Australian Manufacturing Workers Union's opposition was dismissed.

The Commission's decision to approve the Turbomeca Australasia Pty Ltd Enterprise Agreement (Warehouse) 2015 was based on its finding that the agreement met all the necessary criteria under the Fair Work Act. The Commission found that the agreement had been made in good faith, was properly certified, and provided appropriate protections for the employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or were otherwise unlawful. As a result, the Commission approved the agreement, and the application was successful.

Turbomeca Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established