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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hawker Pacific Pty Ltd sought approval of the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2020 - 2022. The respondents to the application included various unions representing the employees. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on provisions regarding the terms and conditions of employment, procedural fairness, and compliance with the Act's requirements.

The primary legal issues the court had to resolve were whether the agreement appropriately balanced the interests of the employer and employees, and whether it complied with the provisions of the Fair Work Act. Specifically, the court examined whether the agreement provided adequate procedural fairness, if the terms were reasonably capable of being the product of genuine bargaining, and if it included all mandatory terms as required by the Act. The unions argued that the agreement did not sufficiently protect employees' rights and procedural fairness, while Hawker Pacific Pty Ltd contended that the agreement was the result of genuine negotiations and was fair and reasonable.

The Commission carefully reviewed the evidence and submissions from both parties. It considered the procedural fairness provisions, the negotiation process, and the substantive terms of the agreement. The Commission concluded that while some procedural fairness provisions were lacking, the overall agreement was the product of genuine bargaining and met the statutory requirements for approval. The Commission approved the agreement with some modifications to address the identified procedural fairness deficiencies, ensuring compliance with the Fair Work Act.

The final orders of the Commission included the approval of the agreement with certain conditions to rectify the identified procedural fairness issues, ensuring that the agreement complied with all necessary statutory requirements before it could be implemented.

Hawker Pacific Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established