DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd T/A Hawker Pacific
(AG2018/2412)

HAWKER PACIFIC PTY LTD, PC-21 (PEARCE) PROGRAM (PC-21 PROGRAM) PART 145 MAINTENANCE ORGANISATION (MAINT ORG) ENTERPRISE AGREEMENT 2018 - 2022

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Hawker Pacific Pty Ltd, PC-21 (Pearce) Program (PC-21 Program) Part 145 Maintenance Organisation (Maint Org) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd, PC-21 (Pearce) Program (PC-21 Program) Part 145 Maintenance Organisation (Maint Org) Enterprise Agreement 2018 - 2022 (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 T/A Hawker Pacific. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 October 2018 and, in accordance with s.54, will operate from 19 October 2018. The nominal expiry date of the Agreement is 30 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Hawker Pacific Pty Ltd, trading as Hawker Pacific, and its employees. Hawker Pacific sought approval for its Part 145 Maintenance Organisation Enterprise Agreement 2018 - 2022. The dispute arose due to a disagreement between the parties regarding the terms and conditions of employment, specifically in relation to the proposed agreement. The FWC was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the proposed agreement complied with the statutory requirements for approval and if it contained any provisions that would undermine the rights or protections provided under the Act. This included examining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the employer and the employees' representatives.

The FWC found that the proposed agreement was generally in line with the statutory requirements for approval. It held that the agreement provided for fair and reasonable terms and conditions of employment and that it had been genuinely negotiated between Hawker Pacific and the employees' representatives. The FWC also concluded that the agreement did not contain any provisions that would undermine the rights or protections provided under the Act. Therefore, the FWC approved the Hawker Pacific Pty Ltd, PC-21 (Pearce) Program Part 145 Maintenance Organisation (Maint Org) Enterprise Agreement 2018 - 2022.

The FWC's decision affirmed the importance of ensuring that enterprise agreements are negotiated genuinely and provide fair and reasonable terms and conditions of employment. This case highlights the FWC's role in approving enterprise agreements and its commitment to protecting the rights and interests of employees in the workplace.

Hawker Pacific Pty Ltd T/A Hawker Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established