DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd T/A Hawker Pacific
(AG2017/33)

HAWKER PACIFIC PTY LTD, PILOT TRAINING SYSTEMS (PTS) AUTHORISED MAINTENANCE ORGANISATION (AMO) ENTERPRISE AGREEMENT 2016 - 2020

Airline operations
COMMISSIONER WILSON	MELBOURNE, 18 JANUARY 2017

Application for approval of the Hawker Pacific Pty Ltd, Pilot Training Systems (PTS) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd, Pilot Training Systems (PTS) Authorised Maintenance Organisation (AMO) 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 Pty Ltd T/As 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawker Pacific Pty Ltd, trading as Hawker Pacific, applied to the Fair Work Commission for approval of their Pilot Training Systems (PTS) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2016-2020. The application was contested by the Australian and International Pilots Association (AIPA), which claimed that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Commission's Melbourne office, presided over by Commissioner J M Mortimer.

The primary legal issue was whether the agreement fulfilled the criteria for approval as outlined in the Fair Work Act. Specifically, the AIPA argued that the agreement did not adequately address the procedural fairness in the workplace, as it failed to provide clear guidelines for handling misconduct, particularly in cases of alleged bullying. Hawker Pacific contended that the agreement was compliant and that the AIPA's objections were unfounded.

The Commission found that the agreement did not sufficiently outline the procedures for dealing with misconduct, particularly regarding allegations of bullying. The Commission noted that the agreement did not provide explicit guidance on how such allegations would be investigated or resolved, which was essential for ensuring procedural fairness. Consequently, the application for approval was rejected. The Commission emphasised that for the agreement to be approved, it needed to include more detailed provisions on handling misconduct, ensuring that employees had a clear understanding of the processes involved.

The Fair Work Commission ruled that the application for approval of the agreement was to be dismissed. The Commission directed the parties to negotiate further and to address the deficiencies identified, particularly concerning the procedures for handling allegations of bullying. The Commission encouraged the parties to reach an agreement that would meet the statutory requirements and provide a fair and transparent process for all employees.

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