Air New Zealand Limited Summary

[2022] FWCA 4370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air New Zealand Limited

(AG2022/4788)

AIR NEW ZEALAND LIMITED & ASU ENTERPRISE AGREEMENT 2022

Airline operations
COMMISSIONER P RYAN	SYDNEY, 12 DECEMBER 2022

Application for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2022

Air New Zealand Limited (Employer) has made an application for approval of an enterprise agreement known as the Air New Zealand Limited & ASU Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ASU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 19 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air New Zealand Limited applied for the approval of the Air New Zealand Limited & ASU Enterprise Agreement 2022. The Australian Industrial Relations Commission (AIRC) was tasked with assessing whether the agreement met the necessary criteria under the Fair Work Act 2009. The ASU (Australian Services Union) was a party to the agreement, representing a number of employees within Air New Zealand Limited.

The primary legal issue before the AIRC was to determine whether the enterprise agreement provided for the "proper regulation of workplace relations". This involved assessing whether the agreement contained terms that were reasonably necessary to ensure an effective and efficient workplace, including provisions for minimum terms of employment, procedural fairness, and dispute resolution mechanisms. The AIRC also needed to consider whether the agreement complied with the "better off overall test", ensuring that employees would be no worse off financially by being subject to the agreement.

The AIRC found that the enterprise agreement met the statutory requirements under the Fair Work Act. It determined that the agreement contained all necessary provisions for minimum terms of employment, procedural fairness, and dispute resolution. Furthermore, the AIRC concluded that the agreement passed the "better off overall test" as it provided employees with protections and benefits that were at least as good as those provided by the applicable awards or other agreements. Consequently, the AIRC approved the Air New Zealand Limited & ASU Enterprise Agreement 2022.

In summary, the AIRC approved the Air New Zealand Limited & ASU Enterprise Agreement 2022 after determining that it met the statutory criteria for proper workplace regulation and the better off overall test. The approval ensures that the agreement will govern the employment conditions of the employees represented by the ASU, providing a framework for effective and efficient workplace relations.

Air New Zealand Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established