DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northwest Aviation Services Pty Ltd
(AG2014/10088)

NORTHWEST AVIATION PTY LTD ENTERPRISE AGREEMENT 2014 SOUTH WEST LAND DIVISION (SWLD)

Airline operations
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2014

Application for approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014 South West Land Division (SWLD).

[1] An application has been made for approval of an enterprise agreement known as the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014 South West Land Division (SWLD) (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] 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 was approved on 19 December 2014 and, in accordance with s.54, will operate from 26 December 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Northwest Aviation Services Pty Ltd applied for approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014 South West Land Division (SWLD). The applicant, Northwest Aviation Services Pty Ltd, is an employer in the aviation industry, and the agreement in question pertains to the employment conditions of its workers. The dispute arose as the Fair Work Commission (FWC) needed to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 (Cth) to be approved and registered. The FWC, presided over by Deputy President Ryan, was tasked with deciding this matter.

The primary legal issues before the court involved the compliance of the enterprise agreement with the statutory provisions. Specifically, the FWC needed to assess whether the agreement was a genuine enterprise agreement, if it provided for the proper negotiation of terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act. Additionally, the court had to consider any potential impact the agreement might have on the employees' rights and protections under the law.

After reviewing the submissions and evidence provided by both parties, Deputy President Ryan found that the enterprise agreement was compliant with the requirements of the Fair Work Act. The court noted that the agreement had been properly negotiated, and it provided for the fair treatment of employees. Furthermore, the agreement was deemed to meet all procedural requirements, including the necessary notices and opportunities for consultation. Consequently, the FWC approved the enterprise agreement and ordered its registration.

The final orders of the FWC included the approval of the Northwest Aviation Services Pty Ltd Enterprise Agreement 2014 South West Land Division and its registration with the Fair Work Commission. The agreement, which had been found to be compliant with the statutory requirements, was thus authorised for implementation between the employer and the employees covered by the agreement.

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