DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd T/A Hawker Pacific
(AG2017/234)

HAWKER PACIFIC PTY LTD, PERTH BASIC WINGS COURSE (BWC) AUTHORISED MAINTENANCE ORGANISATION (AMO) ENTERPRISE AGREEMENT 2015 - 2018

Airline operations
COMMISSIONER LEE	MELBOURNE, 3 MARCH 2017

Application for approval of the Hawker Pacific Pty Ltd, Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd, Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2015 - 2018 (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] 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 “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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2017. The nominal expiry date of the Agreement is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawker Pacific Pty Ltd applied for approval of the Hawker Pacific Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2015 - 2018, with the Fair Work Commission. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which sought to regulate the employment of employees in the BWC AMO. The Commission was tasked with determining whether the agreement complied with the relevant legislative framework and if it was in the best interests of the employees.

The legal issues before the Commission included the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. Key points of contention were whether the proposed agreement provided adequate protection for employee rights, whether it met the criteria for "better off overall" and "no worse off overall" as stipulated by the legislation, and whether it adhered to the requirements of good faith bargaining and procedural fairness. The Commission also had to consider if the proposed agreement met the specific requirements for AMO agreements under the Civil Aviation Safety Regulations 1998.

In assessing the application, the Commission examined the proposed terms and conditions of the agreement, the process by which the agreement was negotiated, and the outcomes for the employees. The Commission found that the proposed agreement provided employees with terms and conditions that were at least as good as, and in some cases better than, their current conditions of employment. It was determined that the agreement was in the best interests of the employees and met the statutory criteria for approval. The Commission also noted that the agreement had been negotiated in good faith and that the procedural fairness requirements were met.

The Fair Work Commission approved the Hawker Pacific Perth Basic Wings Course (BWC) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2015 - 2018, effective from 1 April 2015 to 31 March 2018. The Commission's decision was based on the findings that the proposed agreement provided employees with fair and reasonable terms and conditions, met the legislative requirements, and was in the best interests of the employees involved.

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