DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Limited
(AG2018/6836)

HNZ MACKAY GROUND STAFF MPT GREENFIELD ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER WILSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the HNZ Mackay Ground Staff MPT Greenfield Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the HNZ Mackay Ground Staff MPT Greenfield Enterprise Agreement 2018 (the Agreement). The application was made by HNZ Australia Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Licensed Aircraft Engineers Association is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Licensed Aircraft Engineers Association and that the Agreement covers this organisation.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 19 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, HNZ Australia Pty Limited applied for the approval of the HNZ Mackay Ground Staff MPT Greenfield Enterprise Agreement 2018. The applicant, a company operating in the aviation industry, sought the Commission's approval of the agreement as a modern award. The dispute centred around the terms and conditions of employment for ground staff at Mackay Airport, including wages, working hours, and other employment-related matters. The Commission was required to determine whether the proposed agreement complied with the Fair Work Act 2009 and met the necessary criteria for approval as a modern award.

The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the court had to consider whether the agreement was consistent with the objectives of the Act, including promoting high levels of employment, avoiding industrial disputes, and facilitating cooperative relationships between employers and employees. The court also needed to assess whether the agreement adequately protected the rights and interests of employees and whether it was consistent with the national minimum standards of employment.

The Commission found that the proposed agreement met the necessary criteria for approval as a modern award. The court held that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, working hours, and other employment-related matters. The agreement also complied with the procedural requirements of the Fair Work Act and was consistent with the objectives of the Act. Furthermore, the court found that the agreement adequately protected the rights and interests of employees and was consistent with the national minimum standards of employment. The Commission approved the HNZ Mackay Ground Staff MPT Greenfield Enterprise Agreement 2018 as a modern award, subject to certain conditions and modifications to ensure compliance with the Fair Work Act.

HNZ Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established