DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNZ Australia Pty Ltd
(AG2017/67)

WA ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 20 JANUARY 2017

Application for approval of the WA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WA Enterprise Agreement 2017 (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/As HNZ Australia. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2017. The nominal expiry date of the Agreement is 19 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

HNZ Australia Pty Ltd, an entity operating within the Australian labour market, sought approval for a proposed enterprise agreement with its employees. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements set forth in the Fair Work Act 2009. The proposed agreement, referred to as the WA Enterprise Agreement 2017, contained provisions that HNZ Australia believed were necessary for the efficient operation of its business. However, the FWC had to assess the agreement to ensure it complied with the Act's provisions concerning fair and equitable terms and conditions of employment.

The primary legal issues before the FWC centred on whether the proposed agreement met the criteria for approval as outlined in the Fair Work Act. Specifically, the FWC had to consider whether the agreement provided for terms and conditions that were no less favourable than the relevant modern award, and whether it complied with the requirements for independent determination and procedural fairness. The FWC was also required to assess whether the agreement met the "better off overall test," ensuring that employees would be at least as well off, if not better off, under the agreement compared to their current conditions.

In reaching its decision, the FWC examined the provisions of the WA Enterprise Agreement 2017 in detail. It found that the agreement did not disadvantage employees in any way compared to the relevant modern award and met the criteria for independent determination. The FWC confirmed that the agreement had been subject to proper consultation and negotiation processes, ensuring procedural fairness. Furthermore, the FWC concluded that the agreement satisfied the better off overall test, as it provided employees with improved conditions and benefits without imposing any adverse terms. Consequently, the FWC approved the WA Enterprise Agreement 2017, acknowledging its compliance with the statutory requirements of the Fair Work Act.

HNZ Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established