DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Limited T/A HNZ Australia
(AG2018/931)

KARRATHA HELICOPTER PILOTS MPT OPERATIONS ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER LEE	MELBOURNE, 2 JULY 2018

Application for approval of the Karratha Helicopter Pilots MPT Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Karratha Helicopter Pilots MPT Operations Enterprise Agreement 2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[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] The Agreement lodged contained an error at clause 18.2.3. On 29 June 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Federation of Air Pilots 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 9 July 2018. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved HNZ Australia Pty Limited, trading as HNZ Australia, and the Australian Licensed Aircraft Engineers and Aircraft Mechanics Association. The dispute centred on the approval of the Karratha Helicopter Pilots MPT Operations Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the agreement was genuinely a product of free and voluntary bargaining between the parties, whether it included appropriate dispute resolution procedures, and whether it provided for the fair treatment of employees. Additionally, the Commission needed to assess whether the agreement contained all the mandated minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions.

The Commission found that the agreement was indeed the result of genuine bargaining and contained suitable dispute resolution mechanisms. It was also determined that the agreement provided for fair treatment of the employees and included all the mandated minimum terms and conditions. The Commission approved the agreement, noting that it met the legislative requirements for enterprise agreements under the Fair Work Act.

The Fair Work Commission granted approval for the Karratha Helicopter Pilots MPT Operations Enterprise Agreement 2017, subject to the terms and conditions specified in the agreement. The decision was made on the basis that the agreement was genuinely negotiated, included adequate dispute resolution procedures, and contained all the necessary minimum terms and conditions.

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