DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northwest Aviation Services Pty Ltd
(AG2018/5557)

NORTHWEST AVIATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER WILSON	MELBOURNE, 26 JUNE 2019

Application for approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Northwest Aviation Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northwest Aviation Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Northwest Aviation Services Pty Ltd applied to the Fair Work Commission for approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2018. The application was opposed by the Australian Services Union. The dispute involved the terms and conditions of employment under the proposed agreement and whether it complied with the relevant federal legislation.

The central legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to provisions that were deemed to be unfair under the Act. The Commission had to determine if the agreement was made in good faith, if it contained any terms that were considered harsh, unjust, or unreasonable, and whether it provided adequate protections for employees. Furthermore, the court needed to consider if the agreement met the criteria for being a "low paid" agreement, which would exempt it from certain scrutiny.

In its decision, the Fair Work Commission determined that while the majority of the agreement was fair and reasonable, certain provisions regarding penalty rates and shift differentials were considered harsh and unjust. The Commission found that these terms did not provide adequate protections for employees, particularly in relation to their working conditions and remuneration. Consequently, the Commission did not approve the agreement in its entirety but instead made orders to modify the offending clauses. The modified agreement was then approved and registered, ensuring that it complied with the requirements of the Fair Work Act 2009.

Northwest Aviation Services 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