DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2019/4640)

HAWKER PACIFIC PTY LTD, EAST SALE MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2019/2020

Airline operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JANUARY 2020

Application for approval of the Hawker Pacific Pty Ltd, East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2019/2020

[1] Hawker Pacific Pty Ltd has made an application for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd, East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2019/2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Licensed Aircraft Engineers Association and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 15 January 2020 and, in accordance with s 54, will operate from 22 January 2020. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawker Pacific Pty Ltd applied for approval of an enterprise agreement under the Fair Work Act 2009. The application involved the Hawker Pacific Pty Ltd, East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2019/2020, which was to cover employees who work in the maintenance, repair, and overhaul operations at the East Sale facility. The Fair Work Commission (FWC) was the court that heard and decided the matter.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including whether it provided for a fair and efficient workplace, and whether it was made in good faith. The application also required the FWC to consider whether the agreement was appropriately certified by an independent person and if it provided for proper procedures for the resolution of workplace disputes. The FWC had to ensure that the terms of the agreement were in line with the objectives of the Act, which include facilitating high levels of employment and promoting high levels of economic efficiency.

The FWC found that the proposed agreement satisfied the necessary conditions under the Fair Work Act. The agreement was certified as genuine by an independent person, and the evidence presented demonstrated that the agreement was made in good faith. The FWC also determined that the agreement provided for fair and efficient workplace practices and contained adequate provisions for the resolution of workplace disputes. The FWC concluded that the agreement met the objectives of the Act, including promoting economic efficiency and high levels of employment. Consequently, the FWC approved the Hawker Pacific Pty Ltd, East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2019/2020.

The final order of the FWC was to approve the Hawker Pacific Pty Ltd, East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2019/2020, effective from the date of the decision. The agreement was deemed to be a lawful and valid enterprise agreement under the Fair Work Act. This decision allowed the agreement to be implemented, providing a clear framework for the terms and conditions of employment for the employees covered by the agreement.

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