HNZ Australia Pty Ltd
[2016] FWCA 2860
•11 May 2016
[2016] FWCA 2860
DECISION
| Fair Work Act 2009 | |
| s.210 - Application for approval of a variation of an enterprise agreement | |
| HNZ Australia Pty Ltd T/A Helicopters Australia Pty Ltd | |
| (AG2016/2920) | |
| HNZ AUSTRALIA PTY LTD HELICOPTER ENGINEERS | |
| ENTERPRISE AGREEMENT 2014 | |
| Airline operations | |
| COMMISSIONER CLOGHAN | PERTH, 11 MAY 2016 |
| Variation of enterprise agreement. |
[1] This is an application by HNZ Australia Pty Ltd T/A Helicopters Australia Pty Ltd
(Applicant) for approval of a variation of an enterprise agreement.
[2] The enterprise agreement is the HNZ Australia Pty Ltd Helicopter Engineers
Enterprise Agreement 2014 (Agreement).
[3] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).
[4] In support of the application, the Applicant has provided:
Form F23 – Application for approval of variation of an enterprise agreement;
Form 23A – Employer’s statutory declaration in support of variation of an enterprise
agreement;
Form F23B – Statutory declaration of employee organisation in relation to variation
of an enterprise agreement;
signed copies of the variations; and
a copy of the varied agreement with the track-changes.
[5] Pursuant to s.211 of the FW Act, the Agreement is varied as follows.
[6] Delete Clause 4.1 and replace with the following:
“4.1 The provisions of this Agreement will take effect from the seventh day after the Agreement has been approved by Fair Work Australia. 4.2 The Agreement, as varied, comes into operation on the date specified by the Fair Work Commission (previously Fair Work Australia). [2016] FWCA 2860
4.3 The nominal expiry date of the Agreement is 19 May 2018. 4.4 This Agreement will remain in force after the nominal expiry date until terminated or replaces in accordance with the Act.”
[7] Delete the first paragraph of SCHEDULE 1.0 – SALARIES and replace with the
following:
“The base salaries in Schedule 1.2 shall apply from the nominal expiry date of the
previous agreement. This will be paid as soon as possible after the Enterprise
Agreement has been approved by Fair Work Australia. The salaries will subsequently
be adjusted on the twelve month anniversary date of the nominal expiry date of the
previous agreement as follows:
2015 EA Anniversary – four percent per annum;
2016 EA Anniversary – one and a half percent per annum; and
2017 EA Anniversary – four percent per annum.”
[8] Delete the tables at item 1.2 of SCHEDULE 1.0 – SALARIES and replace with the
following:
AME--Aircraft Maintenance Engineer)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $80,473 $83,692 $84,947 $88,345 YEAR 2 $81,142 $84,388 $85,654 $89,080 YEAR 3 $81,812 $85,085 $86,361 $89,815 YEAR 4 $82,482 $85,781 $87,068 $90,551 YEAR 5 $83,152 $86,478 $87,775 $91,286 YEAR 6 $83,822 $87,174 $88,482 $92,021 YEAR 7 $84,491 $87,871 $89,189 $92,757 YEAR 8 $85,161 $88,567 $89,896 $93,492 YEAR 9 $85,831 $89,264 $90,603 $94,227 YEAR 10 $86,501 $89,961 $91,310 $94,962 YEAR 11 $87,170 $90,657 $92,017 $95,698 YEAR 12 $87,840 $91,354 $92,724 $96,433 YEAR 13 $88,510 $92,050 $93,431 $97,168 YEAR 14 $89,180 $92,747 $94,138 $97,904 YEAR 15 $89,849 $93,443 $94,845 $98,639
[2016] FWCA 2860
Grade 1 - B1.3 LAME- Single Engine (One Type, One Category)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $96,398 $100,254 $101,758 $105,828 YEAR 2 $97,068 $100,951 $102,465 $106,564 YEAR 3 $97,738 $101 ,647 $103,172 $107,299 YEAR 4 $98,408 $102,344 $103,879 $108,034 YEAR 5 $99,077 $103,040 $104,586 $108,769 YEAR 6 $99,747 $103,737 $105,293 $109,505 YEAR 7 $100,417 $104,433 $105,999 $110,239 YEAR 8 $101,087 $105,130 $106,707 $110,975 YEAR 9 $101,756 $105,827 $107,414 $111,711 YEAR 10 $102,426 $106,523 $108,121 $112,446 YEAR 11 $103 097 $107,221 $108,829 $113,182 YEAR 12 $103,767 $107,917 $109,536 $113,917 YEAR 13 $104J436 $108,614 $110,243 $114,653 YEAR 14 $105,106 $109,310 $110,950 $115,388 YEAR 15 $105,776 $110,007 $111,657 $116,123 Grade 2- B1.3 LAME- Single Engine (One Type, Both Categories)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $110,572 $114,995 $116,720 $121,389 YEAR 2 $111,242 $115,692 $117,427 $122,124 YEAR 3 $111,912 $116,388 $118,134 $122,859 YEAR 4 $112,582 $117,085 $118,841 $123,595 YEAR 5 $113,251 $117,781 $119,548 $124,330 YEAR 6 $113,921 $118,478 $120,255 $125,065 YEAR 7 $114,591 $119,175 $120,963 $125,802 YEAR 8 $115,261 $119,871 $121,669 $126,536 YEAR 9 $115,930 $120 ,568 $122,377 $127,272 YEAR 10 $116,600 $121,264 $123,083 $128,006 YEAR 11 $117,270 $121,961 $123,790 $128,742 YEAR 12 $117,940 $122,657 $124,497 $129,477 YEAR 13 $118,610 $123,354 $125,204 $130,212 YEAR 14 $119,279 $124,050 $125,911 $130,947 YEAR 15 $119,949 $124,747 $126,618 $131,683
[2016] FWCA 2860
Grade 3-B1.3 LAME Single Engine (Multi-Type, Both Categories)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $122,943 $127,861 $129,779 $134,970 YEAR 2 $123,613 $128,557 $130,485 $135,704 YEAR 3 $124,283 $129,254 $131,193 $136,441 YEAR 4 $124,952 $129,951 $131,900 $137,176 YEAR 5 $125,622 $130,647 $132,607 $137,911 YEAR 6 $126,292 $131,344 $133,314 $138,647 YEAR 7 $126,962 $132,040 $134,021 $139,382 YEAR 8 $127,632 $132,737 $134,728 $140,117 YEAR 9 $128,301 $133,433 $135,434 $140,851 YEAR 10 $128,971 $134,130 $136,142 $141,588 YEAR 11 $129,641 $134,826 $136,848 $142,322 YEAR 12 $130,311 $135 ,523 $137,556 $143,058 YEAR 13 $130,980 $136,220 $138,263 $143,794 YEAR 14 $131,650 $136,916 $138,970 $144,529 YEAR 15 $132,321 $137,614 $139,678 $145,265 Grade 4- B1.3 LAME -Twin Engine (One Type, Single Category)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $127,788 $132,899 $134,892 $140,288 YEAR 2 $128,457 $133,596 $135,600 $141,024 YEAR 3 $129,128 $134,293 $136,307 $141,759 YEAR 4 $129,798 $134,990 $137,015 $142,496 YEAR 5 $130,469 $135,687 $137,722 $143,231 YEAR 6 $131,138 $136 ,384 $138,430 $143,967 YEAR 7 $131,809 $137,082 $139,138 $144,704 YEAR 8 $132,480 $137,779 $139,846 $145,440 YEAR 9 $133,150 $138,476 $140,553 $146,175 YEAR 10 $133,821 $139,173 $141,261 $146,911 YEAR 11 $134,490 $139,870 $141,968 $147,647 YEAR 12 $135,161 $140 ,568 $142,677 $148,384 YEAR 13 $135,831 $141,264 $143,383 $149,118 YEAR 14 $136,502 $141,962 $144,091 $149,855 YEAR15 $137,171 $142,658 $144,798 $150,590
[2016] FWCA 2860
Grade 5-B1.3 LAME- Twin Engine (One Type, Both Categories)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $135,615 $141,039 $143,155 $148,881 YEAR 2 $136,284 $141,736 $143,862 $149,616 YEAR 3 $136,954 $142,432 $144,568 $150,351 YEAR 4 $137,624 $143,129 $145,276 $151,087 YEAR 5 $138,294 $143,825 $145,982 $151,821 YEAR 6 $138,963 $144,522 $146,690 $152,558 YEAR 7 $139,633 $145,218 $147,396 $153,292 YEAR 8 $140,303 $145,915 $148,104 $154,028 YEAR 9 $140,973 $146,612 $148,811 $154,763 YEAR 10 $141,642 $147,308 $149,518 $155,499 YEAR 11 $142,312 $148,005 $150,225 $156,234 YEAR 12 $142,982 $148,701 $150,932 $156,969 YEAR 13 $143,652 $149,398 $151,639 $157,705 YEAR 14 $144,321 $150 ,094 $152,345 $158,439 YEAR 15 $144,991 $150,791 $153,053 $159,175 Grade 6- B2 LAME- Avionics (Electrical, Instrument, Radio)
2014 EA 2015 EA 2016 EA 2017 EA Lodgement Anniversary Anniversary Anniversary
YEAR 1 $142,401 $148,097 $150,318 $156,331 YEAR 2 $143,070 $148,793 $151,025 $157,066 YEAR 3 $143,740 $149,490 $151,732 $157,801 YEAR 4 $144,410 $150,186 $152,439 $158,537 YEAR 5 $145,080 $150,883 $153,146 $159,272 YEAR 6 $145,749 $151,579 $153,853 $160,007 YEAR 7 $146,419 $152,276 $154,560 $160,742 YEAR 8 $147,089 $152,972 $155,267 $161,478 YEAR 9 $147,759 $153 669 $155,974 $162,213 YEAR 10 $148,428 $154,366 $156,681 $162,948 YEAR 11 $149,098 $155,062 $157,388 $163,684 YEAR 12 $149,768 $155,759 $158,095 $164,419 YEAR 13 $150,438 $156,455 $158,802 $165,154 YEAR 14 $151,107 $157 ,152 $159,509 $165,889 YEAR 15 $151,777 $157,848 $160,216 $166,625
[2016] FWCA 2860
[9] A corresponding change has been made to the Table of Contents.
[10] All employees who cast a valid vote approved the variation on 19 April 2016.
[11] The variations are operative from 11 May 2016.
[12] A consolidated version of the Agreement, as varied, is attached to this Decision.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code C, AE408028 PR580092>
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