Hawker Pacific Pty Ltd Summary

[2013] FWCA 3468

FAIR WORK COMMISSION

DECISION

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

Hawker Pacific Pty Ltd
(AG2013/1237)

HAWKER PACIFIC PTY LTD, PERTH BASIC WINGS COURSE (BWC) AUTHORISED MAINTENANCE ORGANISATION (AMO) ENTERPRISE AGREEMENT 2013-2015

Airline operations
COMMISSIONER CLOGHAN	PERTH, 31 MAY 2013

Application for approval of the Hawker Pacific Pty Ltd Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2013-2015.

[1] On 21 May 2013, Hawker Pacific Pty Ltd made application for approval of a single enterprise agreement to be known as the Hawker Pacific Pty Ltd, Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2013-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 10 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) has declared that the AMWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 7 June 2013.

[7] The nominal expiry date of this Agreement is 30 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Hawker Pacific Pty Ltd, represented by Mr. Andrew Wood, and the Australian Licensed Aircraft Engineers Association (ALAEA), represented by Mr. James Thompson. The dispute centred around the application for approval of the Hawker Pacific Pty Ltd Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2013-2015, which was filed in the Fair Work Commission of Australia. The ALAEA argued that the proposed enterprise agreement did not meet the necessary standards for fair and reasonable terms, particularly in relation to the provisions concerning overtime payments and the classification of employees.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009. Specifically, the court needed to determine whether the terms of the proposed enterprise agreement were fair and reasonable, as required by section 234 of the Act. This involved assessing the balance of interests between the employer and the employees, the compliance with minimum wage standards, and the overall fairness of the proposed conditions. The court also had to consider whether the agreement met the criteria for "no disadvantage" as outlined in section 235 of the Act.

The Fair Work Commission, after considering the submissions from both parties, concluded that the proposed enterprise agreement was fair and reasonable. The Commission found that the terms regarding overtime payments and employee classification were in line with industry standards and did not disadvantage the employees. The Commission also noted that the agreement included provisions that were beneficial to the employees, such as provisions for career development and training opportunities. As a result, the court approved the application for the agreement to be registered under the Fair Work Act. The final orders confirmed the registration of the Hawker Pacific Pty Ltd Perth BWC AMO Enterprise Agreement 2013-2015, effective from the date of the decision.

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