HNZ Australia Pty Ltd

[2014] FWCA 3037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

HNZ Australia Pty Ltd
(AG2014/5910)

HNZ AUSTRALIA PTY LTD HELICOPTER ENGINEERS ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CLOGHAN	PERTH, 13 MAY 2014

Application for approval of the HNZ Australia Pty Ltd Helicopter Engineers Enterprise Agreement 2014.

[1] On 5 May 2014, HNZ Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the HNZ Australia Pty Ltd Helicopter Engineers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 30 April 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Licenced Aircraft Engineers Association (ALAEA) has declared that the ALAEA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ALAEA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ALAEA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 May 2014.

[7] The nominal expiry date of this Agreement is 19 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by HNZ Australia Pty Ltd for approval of the HNZ Australia Pty Ltd Helicopter Engineers Enterprise Agreement 2014. The application arose from negotiations between the company and its employees, represented by the Australian Licensed Aircraft Engineers Association. The agreement sought to regulate various aspects of employment, including wages, hours, and conditions of work for helicopter engineers employed by the company.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a net gain in terms of wages and conditions compared to the applicable award or previous agreements. Additionally, the Commission assessed whether the agreement complied with procedural requirements, including proper notice and consultation with employees.

In delivering its decision, the Commission examined the terms of the proposed agreement and the evidence presented by both parties. The Commission found that the agreement provided for a net gain for employees in terms of wages and conditions, thus satisfying the BOOT requirement. Furthermore, the Commission was satisfied that the necessary procedural steps had been followed in the negotiation and drafting of the agreement. Consequently, the Commission approved the HNZ Australia Pty Ltd Helicopter Engineers Enterprise Agreement 2014, finding it to be a fair and reasonable agreement that met the statutory requirements.

The Fair Work Commission approved the HNZ Australia Pty Ltd Helicopter Engineers Enterprise Agreement 2014, effective from the date of the decision. The agreement now regulates the employment terms and conditions for helicopter engineers employed by the company, offering a net gain in wages and conditions compared to the applicable award or previous agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established