Hawker Pacific Pty Ltd

[2020] FWCA 2706

[2020] FWCA 2706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2020/1209)

HAWKER PACIFIC PTY LTD COMPONENT SERVICES ENTERPRISE AGREEMENT2020 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 22 MAY 2020

Application for approval of the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2020 - 2022 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of 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] I note that clauses 13.3.1.2 and 29.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

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Annexure A