DECISION

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

Air New Zealand Limited
(AG2015/3773)

AIR NEW ZEALAND LIMITED & ASU ENTERPRISE AGREEMENT 2014

Airport operations
COMMISSIONER CAMBRIDGE	SYDNEY, 14 JULY 2015

Application for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Air New Zealand Limited & ASU Enterprise Agreement 2014 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 1 July 2015. The application included a Statutory Declaration of Kate Nuttall made on behalf of the Employer and dated 23 June 2015 (the Declaration). The Declaration stated that the Agreement was made on 19 June 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 14 July 2015. I note that the file has included a Statutory Declaration of Natalie Lang made on behalf of Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 11.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 21 July 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

Air New Zealand Limited applied for approval of its 2014 Enterprise Agreement with the Australian Services Union. The dispute was heard in the Fair Work Commission. The primary legal issues were whether the agreement was in the public interest and if it complied with the Fair Work Act 2009. The Commission needed to determine if the terms and conditions of employment within the agreement were fair and reasonable, and if they appropriately balanced the interests of both employers and employees.

The court examined various provisions of the agreement, including pay rates, working conditions, and dispute resolution mechanisms. The Commission considered submissions from both parties and relevant stakeholders. It found that the agreement provided a fair and reasonable framework for employment, with provisions that were balanced and met the needs of both employers and employees. The agreement was deemed to be in the public interest as it fostered a stable industrial relations environment and promoted productivity and economic growth.

Consequently, the Fair Work Commission approved the Air New Zealand Limited & ASU Enterprise Agreement 2014. The decision acknowledged the agreement's fairness and reasonableness, and its alignment with the principles of the Fair Work Act. This approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, providing a stable basis for their employment relationship with Air New Zealand Limited.

Air New Zealand Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established