DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd
(AG2015/7113)

HAWKER PACIFIC PTY LTD BANKSTOWN WAREHOUSING ENTERPRISE AGREEMENT 2015/2017

Storage services
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2016

Application for approval of the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2015/2017.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd Bankstown Warehousing 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] 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 21 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hawker Pacific Pty Ltd, sought the approval of the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2015/2017. The respondent, National Union of Workers NSW Branch, opposed the application. The dispute centred around the terms and conditions outlined in the proposed agreement, which was intended to govern the employment of workers in warehousing operations. The case was heard in the Fair Work Commission (FWC).

The central legal issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically concerning the process and content of the agreement. The FWC needed to determine if the agreement was made in good faith, if it complied with the procedural requirements for enterprise agreements, and if it provided for minimum entitlements as set out in the Fair Work Act. The FWC also needed to assess if the agreement was in the best interests of the employees and if it addressed the needs of the business effectively.

The FWC carefully examined the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and followed the necessary procedural steps as required by the Fair Work Act. The FWC concluded that the agreement provided for minimum entitlements and was in the best interests of the employees. The Commission also found that the terms of the agreement were fair and reasonable, considering the specific needs of the business and the workforce. Consequently, the FWC approved the Hawker Pacific Pty Ltd Bankstown Warehousing Enterprise Agreement 2015/2017.

The FWC ordered that the agreement be registered and made binding on the parties from the date of the decision. The approval of the agreement meant that it would now serve as the basis for employment conditions between Hawker Pacific Pty Ltd and its employees, as specified in 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