Jet Aviation Australia Pty Ltd

[2021] FWCA 4648

[2021] FWCA 4648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd
(AG2021/5595)

HAWKER PACIFIC PTY LTD, PILOT TRAINING SYSTEMS (PTS) AUTHORISED MAINTENANCE ORGANISATION (AMO) ENTERPRISE AGREEMENT 2021 – 2023 (ESL/WLM/EDN)

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 30 JULY 2021

Application for approval of the Hawker Pacific Pty Ltd, Pilot Training Systems (PTS) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2021 - 2023.

[1] Jet Aviation Australia Pty Ltd (ABN of 94 001 540 316) has applied for approval of a single enterprise agreement known as the Hawker Pacific Pty Ltd, Pilot Training Systems (PTS) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2021 – 2023 (ESL/WLM/EDN) (the Agreement). Jet Aviation Australia Pty Ltd was previously known as Hawker Pacific Pty Ltd.

[2] The application was not genuinely agreed to by the employees for the purposes of the Fair Work Act 2009 (Cth) because the notice of employee representational rights was accompanied by correspondence imposing a deadline on the nomination of bargaining representatives. However, I am satisfied in the circumstances that this was a minor procedural error that was not likely to disadvantage any employees who will be covered by the Agreement.

[3] The Agreement excludes the National Employment Standards in part and does not provide for the annual leave entitlement of shift workers in accordance with the Act. Written undertakings have been given in accordance with section 190 of the Act to resolve these concerns. The undertakings are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will operate from 6 August 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

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Annexure A