DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Limited T/A HNZ Australia
(AG2018/2514)

HNZ AUSTRALIA PTY LTD KARRATHA MPT HELICOPTER ENGINEERS ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER SAUNDERS	NEWCASTLE, 27 SEPTEMBER 2018

Application for approval of the HNZ Australia Pty Ltd Karratha MPT Helicopter Engineers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the HNZ Australia Pty Ltd Karratha MPT Helicopter Engineers Enterprise Agreement 2018 (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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Licensed Aircraft Engineers Association 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 26 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, HNZ Australia Pty Limited, trading as HNZ Australia, applied for the approval of the Karratha MPT Helicopter Engineers Enterprise Agreement 2018. The Fair Work Commission was required to determine whether the agreement complied with the relevant legislative requirements and whether it met the standards of procedural and substantive fairness.

The primary legal issues addressed by the Commission were whether the agreement had been made in accordance with the prescribed procedures and whether it contained terms and conditions that were fair and reasonable. The Commission examined whether the agreement was made genuinely and voluntarily, whether the parties had engaged in good faith bargaining, and whether the agreement's terms were consistent with the principles of procedural and substantive fairness.

The Commission found that the agreement had been made in compliance with the necessary procedural requirements. It determined that the parties had engaged in genuine and voluntary bargaining and that the agreement's terms were fair and reasonable. The Commission was satisfied that the agreement met the standards of procedural and substantive fairness and approved the Karratha MPT Helicopter Engineers Enterprise Agreement 2018.

As a result, the Fair Work Commission issued an order approving the agreement. This decision confirms the validity and enforceability of the enterprise agreement, ensuring that it can be implemented and that the terms and conditions it contains apply to the employees covered by the agreement.

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