Hawker Pacific Pty Ltd Summary

[2014] FWCA 2089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2014/531)

HAWKER PACIFIC PTY LTD COMPONENT SERVICES COOPERS PLAINS ENTERPRISE AGREEMENT 2014/2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 28 MARCH 2014

Application for approval of the Hawker Pacific Pty Ltd Component Services Coopers Plains Enterprise Agreement 2014/2015.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd Component Services Coopers Plains Enterprise Agreement 2014/2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Hawker Pacific Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 4 April 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hawker Pacific Pty Ltd sought approval of the Hawker Pacific Pty Ltd Component Services Coopers Plains Enterprise Agreement 2014/2015. The applicant argued that the agreement provided for appropriate terms and conditions for the employees covered by the agreement. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval. The Commission needed to determine if the agreement was genuinely a product of bargaining between the parties and if it covered the required matters. The Commission also had to consider whether the agreement provided for a fair and reasonable rate of pay and other conditions for the employees covered by the agreement.

The Commission found that the agreement met the statutory requirements for approval. The agreement was a genuine product of bargaining between the parties and covered the required matters. The Commission was satisfied that the agreement provided for a fair and reasonable rate of pay and other conditions for the employees covered by the agreement. The Commission approved the agreement on the basis that it met the requirements for approval under the Fair Work Act 2009.

The Commission made an order approving the Hawker Pacific Pty Ltd Component Services Coopers Plains Enterprise Agreement 2014/2015. The order was made on the basis that the agreement met the requirements for approval under the Fair Work Act 2009. The order also included provisions for the agreement to be registered with the Fair Work Commission.

Hawker Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established