Hawker Pacific Pty Ltd

[2014] FWCA 4563

The attached document replaces the document previously issued with the above code on 8 July 2014.

Delete the Company’s name Hawker Pacific Pty Ltd T/A Hawker Pacific Component Services in the Preamble and replace with Hawker Pacific Pty Ltd.

Jenny Hannay

Associate to Commissioner Simpson

Dated: 24 July 2014.

[2014] FWCA 4563

FAIR WORK COMMISSION

DECISION

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

Hawker Pacific Pty Ltd
(AG2014/1349)

HAWKER PACIFIC PTY LTD TOWNSVILLE INTERIM LIGHT TRANSPORT (ILT) MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2014 / 2016

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 8 JULY 2014

Application for approval of the Hawker Pacific Pty Ltd Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2014 / 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2014 / 2016 (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] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hawker Pacific Pty Ltd, sought approval of the Hawker Pacific Pty Ltd Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2014 / 2016. The applicant submitted that the agreement was made in good faith, was fairly and properly negotiated, and complied with the relevant provisions of the Fair Work Act 2009. The applicant also submitted that the agreement was in the best interests of the employees covered by it. The applicant applied to the Fair Work Commission for the approval of the agreement. The respondent, the Australian Council of Trade Unions, opposed the application on the basis that the agreement did not adequately protect employees' entitlements and did not comply with certain provisions of the Fair Work Act.

The legal issues before the court were whether the agreement was fairly and properly negotiated, whether it complied with the requirements of the Fair Work Act, and whether it was in the best interests of the employees covered by it. The court considered whether the agreement provided for adequate protections for employees, whether it complied with the requirements of the Fair Work Act, and whether it was in the best interests of the employees covered by it. The court also considered whether the agreement provided for fair and reasonable terms and conditions of employment.

The court found that the agreement was fairly and properly negotiated and complied with the requirements of the Fair Work Act. The court also found that the agreement was in the best interests of the employees covered by it. The court found that the agreement provided for adequate protections for employees and that it provided for fair and reasonable terms and conditions of employment. The court approved the agreement, subject to certain modifications. The court made orders approving the agreement, subject to the modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established