Air Niugini Pty Limited

[2013] FWCA 2531

FAIR WORK COMMISSION

DECISION

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

Air Niugini Pty Limited
(AG2013/5954)

AIR NIUGINI PTY LTD ENTERPRISE AGREEMENT 2012

Airline operations
VICE PRESIDENT WATSON	SYDNEY, 26 APRIL 2013

Application for approval of the Air Niugini Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Air Niugini Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Niugini Pty Ltd.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 3 May 2013. The nominal expiry date of the Agreement is 1 July 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Niugini Pty Limited sought approval of its Enterprise Agreement 2012, which was challenged by various parties who contested the agreement's compliance with certain legal requirements. The matter was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval.

The key legal issues before the Commission were whether the agreement had been made in good faith, whether it included genuine bargaining, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with procedural requirements.

The Fair Work Commission found that the Enterprise Agreement 2012 was indeed made in good faith, with evidence of genuine bargaining between the parties. It was noted that the agreement contained all the minimum terms and conditions required by the Fair Work Act 2009. The Commission concluded that the agreement was in the best interests of the employees and that all procedural requirements had been met. As a result, the Commission approved the Air Niugini Pty Ltd Enterprise Agreement 2012.

The Fair Work Commission's final order was that the Air Niugini Pty Ltd Enterprise Agreement 2012 be approved as it met all the necessary legal criteria and was in the best interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established