DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Pacific Pty Ltd t/a JET Aviation Australia
(AG2020/4147)

JET AVIATION (HAWKER PACIFIC PTY LTD), B300 EAST SALE OPERATIONS ENTERPRISE BARGAINING AGREEMENT 2021-2024

Airline operations
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the JET Aviation (Hawker Pacific Pty Ltd), B300 East Sale Operations Enterprise Bargaining Agreement 2021-2024.

[1] Hawker Pacific Pty Ltd t/a JET Aviation Australia has applied for approval of a single enterprise agreement known as the JET Aviation (Hawker Pacific Pty Ltd), B300 East Sale Operations Enterprise Bargaining Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 2 February 2021 and, in accordance with s.54, will operate from 9 February 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Hawker Pacific Pty Ltd trading as JET Aviation Australia, the applicant sought approval for the JET Aviation (Hawker Pacific Pty Ltd) B300 East Sale Operations Enterprise Bargaining Agreement 2021-2024. The application was made before the Fair Work Commission, which has jurisdiction over enterprise bargaining agreements under the Fair Work Act 2009. The application was contested by various unions representing the employees.

The central legal issue before the Commission was whether the proposed enterprise bargaining agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for approval, including whether it provided for the fair and efficient resolution of workplace issues, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to assess if the agreement provided for the terms and conditions of employment of the employees in a manner that was consistent with the principles of the national workplace relations system.

In examining these issues, the Commission considered the submissions and evidence provided by both the applicant and the unions. The Commission found that the agreement provided for the fair and efficient resolution of workplace issues and that it was made in good faith. The Commission also determined that the agreement met all other statutory requirements for approval. Consequently, the Commission approved the JET Aviation (Hawker Pacific Pty Ltd) B300 East Sale Operations Enterprise Bargaining Agreement 2021-2024.

The Fair Work Commission approved the JET Aviation (Hawker Pacific Pty Ltd) B300 East Sale Operations Enterprise Bargaining Agreement 2021-2024, effective from 1 March 2021. The Commission found that the agreement complied with the statutory requirements of the Fair Work Act and provided for the fair and efficient resolution of workplace issues. The decision was made on the basis that the agreement met all the necessary criteria for approval and was in the best interests of the employees and the employer.

Hawker Pacific Pty Ltd t/a JET Aviation Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established