Heston MRO Pty Ltd T/A Heston MRO Pty Ltd

[2020] FWCA 3932

[2020] FWCA 3932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Heston MRO Pty Ltd T/A Heston MRO Pty Ltd
(AG2020/1685)

HESTON MRO - ENTERPRISE AGREEMENT

Airline operations
COMMISSIONER HUNT	BRISBANE, 27 JULY 2020

Application for approval of the Heston MRO - Enterprise Agreement.

[1] Heston MRO Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Heston MRO - Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of The Australian Workers’ Union (the AWU) and the Australian Licensed Aircraft Engineers Association (the ALAEA) regarding the undertakings. The ALAEA wrote to my chambers advising that it supports the application.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU and the ALAEA 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) of the Act I note that the Agreement covers the AWU and the ALAEA.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2020. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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Annexure A: