PR933938 PR933938 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.33 action on Commission's own motion HAWKER DE HAVILLAND - PERTH OPERATIONS (INTERIM) AWARD 1991 (ODN C No. 26564 of 1989) [Print K1851 [AW783523]] (C1998/21299) Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 00947 of 1999) HAWKER DE HAVILLAND - PERTH OPERATIONS (INTERIM) AWARD 1991 (ODN C No. 26564 of 1989) [Print K1851 [AW783523]] Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 00473 of 1999) HAWKER DE HAVILLAND LIMITED (PERTH DIVISION) SUPERANNUATION AWARD 1988 (ODN C No. 4325 of 1987) [Print H3383 [AW783511]] Aircraft industry DEPUTY PRESIDENT BLAIN PERTH, 4 JULY 2003 Award simplification. DECISION [1] This decision relates to the following matters which were dealt with simultaneously at the request of the parties: · C No 947 of 1999 - Item 51 review under the Workplace Relations and Other Legislation Amendment Act 1996 (the WROLA Act) of the Hawker De Havilland - Perth Operations (Interim) Award 1991 (the Interim Award); · C No 473 of 1999 - Item 51 review under the Workplace Relations and Other Legislation Amendment Act 1996 (the WROLA Act) of the Hawker De Havilland Limited (Perth Division) Superannuation Award 1988 (the Superannuation Award); and · C No 21299 of 1998 - Section 33 of the Workplace Relations Act 1996 (the Act) - action on the Commission's own motion for the simplification of the Interim Award. [2] Since the matter was allocated to me, I have conducted a number of conferences with the parties, during which the Interim and Superannuation Awards have been extensively reviewed. [3] The parties consented to the Interim Award and the Superannuation Award being combined into one award, the Pacific Turbine Pty Ltd - Perth Operations Award 2003 (the Simplified Award). [4] The employer party to the Interim and Superannuation Awards was Hawker De Havilland Limited. Hawker De Havilland Limited advised the Commission on 15 February 1999 that its Perth operations had been sold and/or transferred to Hawker Pacific Pty Ltd and Pacific Turbine Pty Ltd. [5] Hawker Pacific Pty Ltd confirmed on 7 August 2002 that it had taken over the airframe overhaul operations of Hawker De Havilland in Perth in 1996. Its view was that employees previously covered by the Interim and Superannuation Awards were covered by the Aircraft Engineers (General Aviation) Award 1999. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Hawker Pacific Pty Ltd subsequently conducted private discussions and agreed that Hawker Pacific Pty Ltd should not become a party to the Simplified Award. [6] The parties to the Simplified Award are: · Pacific Turbine Pty Ltd; · The Australian Workers' Union; · Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; · The Australian Licensed Aircraft Engineers Association; and · Australian Municipal, Administrative, Clerical and Services Union. [7] Having reviewed the Award in accordance with the Award Simplification Principles, and having considered the submissions of the parties, I have varied the Simplified Award to remove provisions which have ceased to have effect under Item 51 of Part 2 of Schedule 5 of the WROLA Act, other than those clauses which are administrative in nature or are both incidental to allowable award matters and necessary for the effective operation of the 2003 Award. [8] The varied Simplified Award satisfies Item 51 of Part 2 of Schedule 5 of the WROLA Act. [9] The rates of pay in the simplified award include the arbitrated safety net adjustment payable under the Safety Net Review decision of May 2001. If a party so wishes, an application can be made to vary the rates of pay pursuant to the 2002 and 2003 Safety Net Review decisions. [10] The parties have agreed to the content and structure of the Simplified Award without the need for arbitration. [11] The Pacific Turbine Pty Ltd - Perth Operations Award 2003 will operate from the beginning of the first pay period to commence on or after 4 July 2003 and shall remain in force for a period of one year. BY THE COMMISSION: DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code {B}>