DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Niugini Pty Ltd T/A Air Niugini
(AG2016/5846)

AIR NIUGINI PTY LTD ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Air Niugini Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Air Niugini Pty Ltd Enterprise Agreement 2016 (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 T/A Air Niugini. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Air Niugini Pty Ltd T/A Air Niugini applied to the Fair Work Commission for approval of their Enterprise Agreement 2016. The application was brought in accordance with section 232 of the Fair Work Act 2009. The primary concern of the application was whether the agreement met the statutory requirements for approval under the Act.

The legal issues that the Commission had to decide were whether the agreement complied with the various provisions of the Fair Work Act 2009, including the requirements for good faith bargaining, and whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner. The Commission also had to consider whether the agreement was consistent with the national system of workplace relations, and whether it was in the best interests of the employees.

In reaching its decision, the Commission examined the process by which the agreement was negotiated, including whether there was genuine bargaining between the parties, and whether the agreement was made in good faith. The Commission also considered the terms and conditions of the agreement, including the provisions relating to pay, leave entitlements, and dispute resolution. The Commission found that the agreement met the statutory requirements for approval, and that it was in the best interests of the employees. The Commission approved the Enterprise Agreement 2016.

The Commission made an order approving the Air Niugini Enterprise Agreement 2016, subject to certain conditions. The conditions included the requirement that the agreement be registered with the Fair Work Commission, and that the employer provide a copy of the agreement to each employee. The order also included provisions for the review and variation of the agreement, and for the resolution of any disputes that may arise under the agreement.

Air Niugini Pty Ltd T/A Air Niugini

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established