Hawker Pacific Pty Ltd Summary

[2013] FWCA 10160

FAIR WORK COMMISSION

DECISION

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

Hawker Pacific Pty Ltd
(AG2013/10459)

HAWKER PACIFIC PTY LTD BANKSTOWN WAREHOUSING ENTERPRISE AGREEMENT 2013/2015

Storage services
COMMISSIONER ROE	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2013/2015.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2013/2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hawker Pacific Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 21 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hawker Pacific Pty Ltd, sought approval of the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2013/2015. The application was made to the Fair Work Commission. The dispute centred around the validity and enforceability of the agreement, which was intended to govern the employment terms of certain workers. The workers in question raised concerns about the fairness and compliance of the agreement with relevant labour laws.

The legal issues before the court involved examining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the relevant procedural requirements, whether it contained terms that were fair and reasonable, and whether it complied with the provisions of the Act. The court was required to determine whether the agreement was a "better off overall test" agreement, which means it provided employees with a total package of pay and conditions that was at least as good as the relevant award or existing agreement.

The court found that the agreement was made in accordance with the necessary procedural requirements and that it contained terms that were fair and reasonable. The court determined that the agreement was a "better off overall test" agreement, as it provided employees with a total package of pay and conditions that was at least as good as the relevant award or existing agreement. The court approved the agreement, finding it to be fair and reasonable, and compliant with the Fair Work Act 2009. The application for approval of the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2013/2015 was therefore successful.

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