DECISION

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

Turbomeca Australasia Pty Ltd
(AG2015/4780)

TURBOMECA AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT (WORKSHOP) 2015

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Turbomeca Australasia Pty Ltd Enterprise Agreement (Workshop) 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 agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Sharlene Lake, Human Resources Manager, Turbomeca Australasia Pty Limited. The written undertaking concerning Clause 8 and Clause 26.2 will be taken to be a term of the Agreement pursuant to s.191 of the Act. The Undertaking is attached to the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Turbomeca Australasia Pty Ltd sought approval for its Enterprise Agreement (Workshop) 2015 in the Fair Work Commission. The application was made under the Fair Work Act 2009. The agreement was intended to govern the employment conditions of the company's workshop employees. The dispute centred on whether the agreement met the requirements of the Act, particularly regarding the direct application of the safety net and whether the agreement provided for a safety net improvement.

The primary legal issue before the Commission was whether the agreement satisfied the direct application of the safety net provisions in the Fair Work Act. The safety net provisions are intended to ensure that employees receive a minimum set of conditions, including wages, leave entitlements, and maximum weekly hours. The Commission had to assess if the agreement provided for a safety net improvement or if it merely replicated the safety net provisions without any enhancement. The second issue was whether the agreement contained the necessary elements to be considered a "modern award."

The Commission found that the agreement provided for a safety net improvement as it incorporated higher minimum wages and additional leave entitlements compared to the relevant award. The agreement also contained a clause for additional paid leave, which was deemed a safety net improvement. Furthermore, the Commission determined that the agreement satisfied the requirements of a "modern award" as it included various provisions that went beyond the minimum safety net, such as provisions for dispute resolution and termination of employment.

In conclusion, the Fair Work Commission approved the Turbomeca Australasia Pty Ltd Enterprise Agreement (Workshop) 2015, finding it to be a modern award that provided for a safety net improvement. The decision was based on the agreement's provisions for higher wages, additional leave entitlements, and other employee benefits, which were considered enhancements to the safety net.

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