Air New Zealand Limited Summary

[2023] FWCA 2961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air New Zealand Limited

(AG2023/3078)

AIR NEW ZEALAND LIMITED & ASU ENTERPRISE AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 14 SEPTEMBER 2023

Application for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Air New Zealand Limited & ASU Enterprise Agreement 2023 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that the provisions of clause 18.2 (Redundancy) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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 21 September 2023. The nominal expiry date of the Agreement is 19 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Air New Zealand Limited, applied for the approval of the Air New Zealand Limited and ASU Enterprise Agreement 2023. The application was heard in the Fair Work Commission, the relevant authority for matters of this nature. The applicant sought approval of the enterprise agreement, which outlined terms and conditions of employment for its employees. The dispute centred around the procedural fairness of the process leading to the agreement and whether it complied with the necessary statutory requirements.

The legal issues before the court involved assessing whether the enterprise agreement was fairly negotiated and if the process leading to its creation was conducted in a manner that was procedurally fair. Additionally, the court needed to determine if the agreement adhered to the provisions of the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. The court was required to examine the evidence presented by both parties and ensure that all relevant considerations were taken into account.

The court found that the enterprise agreement was indeed fairly negotiated and that the process was conducted in a procedurally fair manner. The evidence demonstrated that the applicant had made reasonable efforts to consult with the employees and their representatives during the negotiation process. Furthermore, the court was satisfied that the agreement complied with the statutory requirements set out in the Fair Work Act 2009, and the terms provided were fair and reasonable for the employees. Consequently, the court approved the Air New Zealand Limited and ASU Enterprise Agreement 2023.

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