DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd T/A Hawker Pacific
(AG2016/4267)

HAWKER PACIFIC PTY LTD, EAST SALE MAINTENANCE REPAIR AND OVERHAUL OPERATIONS ENTERPRISE AGREEMENT 2015/2019

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the Hawker Pacific Pty Ltd East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2019.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Pacific Pty Ltd East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2019 (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 Australian Licenced Aircraft Engineers Association and The Australian Manufacturing Worker’s Union 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 29 September 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hawker Pacific Pty Ltd, trading as Hawker Pacific, and its employees, represented by the Australian Licensed Aircraft Mechanics Association. The dispute centred on the application for approval of the Hawker Pacific Pty Ltd East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2019. The matter was heard in the Fair Work Commission, with the decision rendered by Commissioner Gzell.

The central legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it was appropriately negotiated, and if it adhered to the procedural requirements set forth in the legislation. The court also had to assess whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and reasonable.

In delivering the decision, the court examined the negotiation process and the content of the agreement. The court found that the agreement was genuinely negotiated between Hawker Pacific and the Australian Licensed Aircraft Mechanics Association. The court also concluded that the agreement was procedurally compliant and provided for the employees' terms and conditions of employment in a manner that was fair and reasonable. The court took into consideration the economic context, the bargaining power of the parties, and the overall fairness of the agreement.

The Fair Work Commission approved the Hawker Pacific Pty Ltd East Sale Maintenance Repair and Overhaul Operations Enterprise Agreement 2015/2019, certifying it as a lawful enterprise agreement. The decision was based on the findings that the agreement was genuinely negotiated, procedurally compliant, and fair and reasonable in terms of the employees' terms and conditions of employment.

Hawker Pacific Pty Ltd T/A Hawker Pacific

DECISION

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Background to the litigation

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Legal Principle Established