DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northwest Aviation Services Pty Ltd
(AG2014/10145)

THE NORTHWEST AVIATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Airline operations
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 JANUARY 2015

Application for approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northwest Aviation Services Pty Ltd 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 Northwest Aviation Services 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 Northwest Aviation Services 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Northwest Aviation Services Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014. The applicant is an employer in the aviation industry and the respondent was a trade union representing employees in the industry. The dispute concerned the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Fair Work Act. The Commission considered whether the agreement contained all the mandatory terms and conditions prescribed by the Act, and whether it provided for a fair and reasonable outcome for both employers and employees. The Commission also considered whether the agreement had been properly negotiated and whether there was sufficient employee support for the agreement.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement had been properly negotiated and that there was sufficient employee support for the agreement. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for the agreement to be in writing and for the employer to provide a copy of the agreement to the Fair Work Commission.

The Commission approved the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions on shift patterns and rostering to ensure that employees were not required to work excessive hours. The Commission also made orders to ensure that the agreement was properly communicated to employees and that any disputes arising under the agreement were resolved through the appropriate dispute resolution processes.

Northwest Aviation Services Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established