Hawker Pacific Pty Ltd

[2013] FWCA 7744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2013/2978)

HAWKER PACIFIC PTY LTD, MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2013/2014

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 OCTOBER 2013

Application for approval of the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2013/2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2013/2014 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by Hawker Pacific Pty Ltd (the ‘applicant’).

[2] I have considered the matters contained in the Form F17 declaration, made by Ms Glenda Turner, Human Resources Operations Manager, on behalf of the employer and those of Mr Noel Speers, of the Australian Licenced Aircraft Engineers Association (the ‘Union’) in the Form F18 declaration.

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

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that the Union is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement in relation to work that is to be performed under it. I note that the Union will be covered by the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 October 2013 and have a nominal expiry date of 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hawker Pacific Pty Ltd, sought approval of the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2013/2014. The application was made to the Fair Work Commission, which was required to consider whether the agreement was appropriate for registration under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union.

The key legal issue before the Commission was whether the agreement met the "better off overall test" as outlined in section 233 of the Act. The test required the Commission to determine whether the employees would be better off overall if the agreement was registered, compared to the applicable award or safety net awards. The Commission had to assess the terms of the agreement and their impact on the employees, as well as the views and submissions of the parties involved.

The Commission carefully examined the terms of the agreement and found that it provided for a range of benefits for employees, including pay increases, improved working conditions, and better access to training and development opportunities. The Commission also noted that the agreement provided for a streamlined dispute resolution process, which was likely to reduce the incidence of workplace disputes and associated costs. The Commission concluded that the agreement was likely to be better off overall for the employees, and approved the application for registration.

The Commission's decision was made in light of the evidence and submissions presented by the parties, and the need to balance the interests of the employees, the employer, and the broader community. The Commission's approval of the agreement was subject to certain conditions, including a requirement for the employer to provide ongoing consultation with employees and their representatives, and to report on the implementation of the agreement. The decision provides a useful example of the Commission's approach to the better off overall test, and the factors that it takes into account when considering applications for the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established