Hawker Pacific Pty Ltd

[2019] FWCA 7145

[2019] FWCA 7145

FAIR WORK COMMISSION

DECISION

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

Hawker Pacific Pty Ltd
(AG2019/2281)

HAWKER PACIFIC PTY LTD, MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2018-2020

Airline operations
DEPUTY PRESIDENT BULL	SYDNEY, 16 OCTOBER 2019

Application for approval of the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2018-2020.

[1] An application has been filed by Hawker Pacific Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Australian Licensed Aircraft Engineers Association (ALAEA), both being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover the organisations. In accordance with s.201(2) of the Act, I note that the Agreement covers both unions.

[3] While the ALAEA confirmed in its F18 that it supports approval of the Agreement, it raised concerns regarding clause 15 – Immediate termination, clause 17.1 – Obligations on termination, and clause 51 – Technical training costs and bond reimbursement agreements.

[4] The matter was subsequently listed for a Telephone Conference before me on 30 August 2019, with the employer, ALAEA, and the AMWU in attendance.

[5] Following the Telephone Conference, and issues being raised with the employer by the Commission, the employer provided amended undertakings regarding the following:

•  Clause 43.2 of the Agreement will operate subject to the National Employment Standards (NES), and does not limit annual leave under the NES to 7 day shift workers;

•  Currently no shift workers whose employment would be subject to the terms of the Agreement. Should employees be engaged to whom the shift work provisions apply, clause 28.3 of the Award will be applied to those employees in respect of the maximum hours of work for a shift workers; and

•  Deductions referred to in clause 17 of the Agreement will only occur pursuant to s.324 of the Act.

[6] A copy of the undertakings is attached at the end of the Agreement. I am satisfied as per s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[7] 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. Pursuant to s.190(4) of the Act, the views of the AMWU and the ALAEA, as well as the employee bargaining representatives, have been sought regarding the undertakings.

[8] Following the Telephone Conference, the Commission received correspondence that raised various issues with the Agreement from a person wishing to remain anonymous. Following considerable correspondence between the Commission and the person, the person confirmed they did not wish for their submissions to be put to the employer for response.

[9] The application was not lodged within 14 days after the agreement was made. I note that the employer in its F16 submitted that as it is a multinational organisation, its delegations of authority officers to endorse the completed F16 and F17 processes were outside of Australia from 14 June 2019 to 24 June 2019. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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