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austlii:cth/FWCA/2025/3269
General information, not legal advice.
FWCA
2025-09-26
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 26 September 2025.
The references to the name of the Agreement in the Decision have been amended to reflect the title of the Agreement as specified on page 2 of the Agreement.
s.185 - Enterprise agreement
Northrop Grumman Integrated Defence Services Pty Limited
IDS (AIRCRAFT MAINTENANCE AND REFURBISHMENT) AGREEMENT 2025
Application for approval of the IDS (Aircraft Maintenance and Refurbishment) Agreement 2025
[1] Northrop Grumman Integrated Defence Services Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the IDS (Aircraft Maintenance and Refurbishment) Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers' Union (AWU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.
[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
[4] I indicated to the Employer my view that the Agreement's flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term would be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 1 of the Fair Work (Model Terms) Determination 2025 is attached to the Agreement and taken to be a term of it.
[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[6] The AWU and the AMWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU and the AMWU.
[7]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2025. The nominal expiry date of the Agreement is 31 December 2027.
Printed by authority of the Commonwealth Government Printer