DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Limited T/A HNZ Australia
(AG2019/2065)

HNZ AUSTRALIA PTY LTD HELICOPTER PILOTS' (ESSO OPERATIONS) ENTERPRISE AGREEMENT 2018-2021

Airline operations
COMMISSIONER BISSETT	MELBOURNE, 15 JULY 2019

Application for approval of the HNZ Australia Pty Ltd Helicopter Pilots' (ESSO Operations) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the HNZ Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HNZ Australia Pty Limited T/A HNZ Australia. 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 Federation of Air Pilots (AFAP) 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 22 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved HNZ Australia Pty Limited, trading as HNZ Australia, and its application for approval of the HNZ Australia Pty Ltd Helicopter Pilots' (ESSO Operations) Enterprise Agreement 2018-2021. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around specific provisions within the agreement that some stakeholders believed did not comply with the legal standards required for enterprise agreements.

The primary legal issues the court had to address were whether the provisions in the enterprise agreement were consistent with the Fair Work Act and whether they met the requirements for approval as stipulated by the legislation. This included examining if the agreement had been made genuinely in the course of promoting or facilitating a productive workplace relationship, and if it adhered to the procedural fairness and good faith bargaining principles. Additionally, the court was required to assess if the agreement met the criteria for minimal terms and conditions, ensuring that it did not undermine the existing minimum entitlements provided under the National Employment Standards.

The court evaluated the provisions of the enterprise agreement in detail, considering the submissions from both HNZ Australia and the objecting parties. It found that the agreement was consistent with the Fair Work Act and met the necessary criteria for approval. The court was satisfied that the agreement had been made genuinely to promote a productive workplace relationship and that it did not undermine the minimum terms and conditions as stipulated by the legislation. The court concluded that the agreement was fair and appropriate for approval, taking into account the need to balance the interests of both employers and employees.

The final orders of the court approved the HNZ Australia Pty Ltd Helicopter Pilots' (ESSO Operations) Enterprise Agreement 2018-2021, subject to the conditions that the agreement was to be registered by the Fair Work Commission. The court also directed that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all relevant parties.

HNZ Australia Pty Limited T/A HNZ Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established