DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2016/1273)

HAWKER PACIFIC PTY LTD, MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2015/2017

Airline operations
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2017.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2017 (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 Applicant has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Licensed Aircraft Engineers Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 31 December 2017.

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, Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2017 from the Fair Work Commission. The application arose due to a dispute regarding the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over employment-related disputes.

The central legal issues that the Fair Work Commission needed to address were whether the agreement was genuinely negotiated, free from coercion or pressure, and whether it met the "better off overall test" as required by the Fair Work Act. The "better off overall test" ensures that employees are not worse off financially under the terms of the enterprise agreement compared to their previous conditions. The Commission also needed to consider whether the agreement complied with the procedural fairness requirements set out in the Act.

The Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement was genuinely negotiated and free from any undue influence or pressure. It was determined that the agreement met the better off overall test, as the employees were not disadvantaged financially. The procedural fairness requirements were also met, as the negotiation process was conducted in accordance with the relevant provisions of the Fair Work Act. Therefore, the Fair Work Commission approved the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2017.

The Fair Work Commission ordered that the Hawker Pacific Pty Ltd, Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2017 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision provided certainty and legal recognition of the terms of the agreement between the applicant and the employees, ensuring that the rights and obligations of both parties were protected.

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