HNZ Australia Pty Ltd T/A HNZ Australia Pty Ltd

[2015] FWCA 450

[2015] FWCA 450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Ltd T/A HNZ Australia Pty Ltd
(AG2015/1590)

HNZ AUSTRALIA PTY LTD HELICOPTER PILOTS’ (ESSO OPERATIONS) ENTERPRISE AGREEMENT 2014

Airline operations
DEPUTY PRESIDENT SMITH	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the HNZ Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HNZ Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement 2014 (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 Ltd T/A HNZ Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from HNZ Australia Pty Ltd T/A HNZ Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Federation of Air Pilots and that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 27 February 2018.

DEPUTY PRESIDENT

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ATTACHMENT A