DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2018/1360)

HAWKER PACIFIC PTY LTD COMPONENT SERVICES ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 2 AUGUST 2018

Application for approval of the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2017-2020 (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] Written undertakings have been given in accordance with s.190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to 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] Pursuant to section 594, the wage rates in clause 14.2 of the Agreement will be kept confidential to the extent that they will not be published on the Commission’s website.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hawker Pacific Pty Ltd, sought approval of the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2017-2020. The matter was heard by the Fair Work Commission (FWC). The applicant, a company in the component services industry, sought approval of the enterprise agreement from the FWC to ensure its employees were covered by a legally binding agreement. The applicant argued that the agreement was made in good faith and met the necessary criteria for approval.

The primary legal issue before the FWC was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009 for approval. The applicant needed to demonstrate that the agreement was made in good faith, that it contained the necessary minimum terms and conditions, and that it was certified by an independent certifier. The FWC had to determine whether the agreement was made in good faith and contained the necessary minimum terms and conditions, and whether it was certified by an independent certifier. Additionally, the FWC needed to consider whether the agreement was in the best interests of the employees covered by it.

The FWC found that the agreement was made in good faith and contained the necessary minimum terms and conditions. The FWC also found that the agreement was certified by an independent certifier. The FWC considered the evidence and arguments presented by the applicant and found that the agreement met the necessary criteria for approval. The FWC concluded that the agreement was in the best interests of the employees covered by it and approved the agreement. The FWC found that the agreement was made in good faith and contained the necessary minimum terms and conditions, and that it was certified by an independent certifier. The FWC was satisfied that the agreement was in the best interests of the employees covered by it and approved the agreement.

The FWC approved the Hawker Pacific Pty Ltd Component Services Enterprise Agreement 2017-2020, effective from 1 July 2017 to 30 June 2020. The agreement provided for a range of terms and conditions of employment, including wages, hours of work, and leave entitlements. The approval of the agreement ensured that the employees of Hawker Pacific Pty Ltd were covered by a legally binding agreement that provided them with protection and certainty in their employment.

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