HNZ Australia Pty Ltd

[2013] FWCA 9257

FAIR WORK COMMISSION

DECISION

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

HNZ Australia Pty Ltd
(AG2013/11517)

HNZ AUSTRALIA PTY LTD (HELICOPTER PILOTS - AUSTRALIAN UTILITY OPERATIONS) ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CLOGHAN	PERTH, 2 DECEMBER 2013

Application for approval of the HNZ Australia Pty Ltd (Helicopter Pilots - Australian Utility Operations) Enterprise Agreement 2013.

[1] On 20 November 2013, HNZ Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the HNZ Australia Pty Ltd (Helicopter Pilots - Australian Utility Operations) Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 14 November 2013.

[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 Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 9 December 2013.

[6] The nominal expiry date of this Agreement is 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HNZ Australia Pty Ltd applied for the approval of the Helicopter Pilots – Australian Utility Operations Enterprise Agreement 2013 under the Fair Work Act 2009. The Fair Work Commission heard the application. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and whether it met the good faith bargaining criteria.

The primary legal issue was whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act. The Commission needed to determine if the agreement covered a single enterprise, involved genuine bargaining between the parties, and complied with the procedural requirements for such agreements. Furthermore, the Commission examined whether the agreement was in the best interests of the employees it covered, and if it met the good faith bargaining criteria.

The Commission found that the agreement was a genuine enterprise agreement that satisfied the requirements of the Fair Work Act. The agreement was made between HNZ Australia Pty Ltd and the Australian Helicopter Pilots’ Association, covering helicopter pilots employed in Australian utility operations. The Commission concluded that the agreement was the product of genuine bargaining between the parties and met the good faith bargaining criteria. The agreement was also in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Helicopter Pilots – Australian Utility Operations Enterprise Agreement 2013, effective from 1 January 2014. The approval ensures that the agreement is legally binding and enforceable, providing certainty for both the employer and the employees it covers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established