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

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

HNZ Australia Pty Ltd T/A HNZ Australia Pty Ltd applied to the Fair Work Commission for approval of the HNZ Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement 2014. The application was opposed by a group of employees who argued that the agreement was not fairly and properly negotiated and that it included terms that were not in the best interests of the employees. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission examined the process by which the agreement was negotiated and whether it was done in good faith. The Commission also considered whether the agreement contained terms that were not in the best interests of the employees. The Commission found that the agreement was fairly and properly negotiated and that it did not contain terms that were not in the best interests of the employees. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the HNZ Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement 2014. The Commission found that the agreement was fairly and properly negotiated and that it did not contain terms that were not in the best interests of the employees. The agreement was approved and registered under the Fair Work Act 2009.

HNZ Australia Pty Ltd T/A HNZ Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established