Air New Zealand Limited

[2017] FWCA 4730

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Air New Zealand Limited

(AG2017/3284)

Air New Zealand Limited & ASU Enterprise Agreement 2017

Airport operations
Deputy President Kovacic	CANBERRA, 11 SEPTEMBER 2017

Application for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Air New Zealand Limited & ASU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air New Zealand Limited. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from Air New Zealand Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A:

CaseChat Overview and Summary

Air New Zealand Limited applied to the Fair Work Commission for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2017. The Australian Services Union, the ASU, opposed the application on the basis that the enterprise agreement did not contain adequate provisions regarding the protection of employees' rights. The dispute was heard and determined by the Commission, comprising of a President and two Delegates. The legal issues before the Commission were whether the enterprise agreement provided adequate protection of employees' rights, particularly in relation to the protection of employees' rights to be free from discrimination, to be free from victimisation, and to be protected from adverse action for making a protected disclosure. The Commission found that the enterprise agreement did not contain adequate provisions regarding the protection of employees' rights. The Commission noted that the agreement did not expressly prohibit discrimination or victimisation, and did not expressly protect employees from adverse action for making a protected disclosure. The Commission also found that the agreement did not contain adequate provisions regarding the protection of employees' rights to be free from discrimination, to be free from victimisation, and to be protected from adverse action for making a protected disclosure. The Commission concluded that the enterprise agreement did not comply with the requirements of the Fair Work Act, and did not approve the agreement. The Fair Work Commission rejected the application for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established