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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jet Aviation Australia Pty Ltd, a company involved in aviation services, applied to the Fair Work Commission for approval of the Hawker Pacific Pty Ltd, Pilot Training Systems (PTS) Authorised Maintenance Organisation (AMO) Enterprise Agreement 2021 - 2023. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers in the aviation industry, specifically those involved in pilot training systems. The Commission had to decide whether the agreement met the requirements of the Fair Work Act, particularly regarding its provisions for employee wages, working hours, and other conditions of employment.

The key legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions for the employees, and if it met the 'better off overall test', meaning employees would be better off under the agreement than they would be without it. The Commission considered the evidence provided by both parties and the implications of the agreement for the employees' terms and conditions of employment. The Commission also had to ensure the agreement did not undermine the existing minimum standards of the aviation industry.

After reviewing the evidence and considering the relevant legal provisions, the Commission approved the agreement. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees and met the better off overall test. The Commission was satisfied that the agreement did not undermine the existing minimum standards of the aviation industry and was in the best interests of the employees. The approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment for the duration of the agreement.

Jet Aviation 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