DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd T/A Hawker Pacific
(AG2017/357)

HAWKER PACIFIC PTY LTD, TOWNSVILLE INTERIM LIGHT TRANSPORT (ILT) MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2016/2020

Airline operations
COMMISSIONER WILSON	MELBOURNE, 31 MARCH 2017

Application for approval of the Hawker Pacific Pty Ltd, Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2016/2020.

[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 2016/2020 (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 T/A Hawker Pacific. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2017. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hawker Pacific Pty Ltd, trading as Hawker Pacific, applied to the Fair Work Commission for the approval of the Hawker Pacific Pty Ltd, Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2016/2020. The application was heard by the Commission's delegate, who was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the fairness and validity of the proposed enterprise agreement, particularly in relation to the terms and conditions it imposed on the employees of Hawker Pacific.

The central legal issue before the delegate was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. This involved examining whether the agreement had been made free from any improper conduct, whether it contained all the prescribed minimum terms, and whether it complied with the good faith bargaining provisions. The delegate had to consider if the agreement had been made fairly and whether it provided for the minimum entitlements for employees, as mandated by the Fair Work Act.

After considering the evidence and submissions presented by both Hawker Pacific and the relevant unions, the delegate found that the agreement was made in good faith and contained all the prescribed minimum terms. The delegate was satisfied that there had been no improper conduct influencing the agreement's formation and that the agreement met all the statutory requirements under the Fair Work Act. Consequently, the delegate approved the Hawker Pacific Pty Ltd, Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2016/2020.

The final order of the delegate was that the Hawker Pacific Pty Ltd, Townsville Interim Light Transport (ILT) Maintenance Repair and Overhaul Operations Enterprise Agreement 2016/2020 be approved as a certified agreement. This decision was made on the basis that the agreement complied with all relevant legislative requirements and was made in good faith, providing for the minimum entitlements of the employees. The agreement was to be registered and enforceable from the date of the decision.

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