DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Limited T/A HNZ Australia
(AG2018/6419)

MACKAY HELICOPTER PILOTS MPT OPERATIONS GREENFIELD ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2019

Application for approval of the Mackay Helicopter Pilots MPT Operations Greenfield Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Mackay Helicopter Pilots MPT Operations Greenfield Enterprise Agreement 2018 (the Agreement). The application was made by HNZ Australia Pty Limited T/A HNZ Australia 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 Federation of Air Pilots 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Federation of Air Pilots and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of HNZ Australia Pty Limited T/A HNZ Australia, the Fair Work Commission (FWC) was tasked with approving the Mackay Helicopter Pilots MPT Operations Greenfield Enterprise Agreement 2018. The application for approval came from HNZ Australia, the employer, while the Australian Council of Trade Unions (ACTU) represented the employees. The dispute centred on whether the terms of the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for a safety net of minimum wages and conditions, and if it contained terms that were in the best interests of the employees.

The primary legal issues before the Commission were whether the proposed agreement adequately ensured that employees would not be paid less than the applicable minimum rates of pay and conditions set by awards and the National Employment Standards (NES). Additionally, the FWC needed to assess whether the agreement included terms that were fair and beneficial for the employees. This involved scrutinising the provisions of the agreement against the legislative benchmarks and considering any potential impacts on employees' wages, conditions, and overall employment terms.

The FWC approached the decision by first examining the safety net provisions of the agreement. It confirmed that the proposed agreement contained terms that ensured employees would not be paid less than the minimum rates of pay and conditions as per the relevant awards and the NES. The Commission then turned to the fairness and benefits aspect, taking into account submissions from both parties and the broader context of the industry. The FWC concluded that the agreement provided fair and beneficial terms for the employees, balancing the interests of both the employer and the employees. As such, the FWC approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the FWC included the approval of the Mackay Helicopter Pilots MPT Operations Greenfield Enterprise Agreement 2018, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the employees in the specified scope, subject to the safety net and fairness provisions upheld by the FWC.

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