Northwest Aviation Services Pty Ltd Summary

[2022] FWCA 3552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Northwest Aviation Services Pty Ltd

(AG2022/3915)

Northwest Aviation Services Pty Ltd National Enterprise Agreement 2022

Airport operations
COMMISSIONER SCHNEIDER	PERTH, 13 OCTOBER 2022

Application for approval of the Northwest Aviation Services Pty Ltd National Enterprise Agreement 2022

Northwest Aviation Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Northwest Aviation Services Pty Ltd National Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 5.1 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

Northwest Aviation Services Pty Ltd applied to the Fair Work Commission for approval of the Northwest Aviation Services Pty Ltd National Enterprise Agreement 2022. The applicant, an employer in the aviation industry, sought to have the agreement approved under section 186 of the Fair Work Act 2009. The primary concern was whether the agreement met the legal requirements for approval, including coverage, procedural fairness, and the absence of prohibited content. The Commission had to determine if the agreement complied with the legislative criteria and if it was in the interests of the employees covered by the agreement.

The court identified several key issues, including whether the agreement was certified by an independent certifier as meeting the coverage test, if it was made in good faith and not containing prohibited content, and if the process for making the agreement was procedurally fair. The applicant argued that the agreement was fairly and properly made and met all statutory requirements. The respondent, who appeared to be an employee representative or a union, contested the application on the grounds that the agreement did not adequately address employee interests and contained elements that might be considered prohibited.

In reaching its decision, the Fair Work Commission considered the procedural fairness of the bargaining process and the content of the agreement. The Commission found that the agreement was certified as meeting the coverage test, and the process for making the agreement was procedurally fair. It was also determined that the agreement did not contain any prohibited content and was made in good faith. The Commission concluded that the agreement was in the interests of the employees, as it provided for fair terms and conditions of employment. Therefore, the application for approval of the agreement was granted.

Northwest Aviation Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established