4 yearly review of modern awards – Proposed Helicopter Aircrew Award - [2021] FWCFB 5505

[2021] FWCFB 5505

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Proposed Helicopter Aircrew Award

(AM2016/3)

Vice President Hatcher
DEPUTY PRESIDENT HAMILTON
COMMISSIONER SIMPSON

SYDNEY, 17 SEPTEMBER 2021

Proposed Helicopter Aircrew Award – proposed amendments to Air Pilots Award 2020 – draft published for comment.

In a decision issued on 4 May 2020 as part of the 4 yearly review of modern awards (2020 decision),[1] we expressed a number of provisional views in respect of an application made by the Australian Manufacturing Workers’ Union (AMWU) to create a new award for helicopter aircrew. In the 2020 decision, we determined that it is appropriate for helicopter aircrew to be placed within the coverage of the Air Pilots Award 2010 and expressed provisional views as to how that award might be amended to accommodate such coverage. We then stated:

“[47]The next step we propose to take is for the presiding member to conduct a further conference of interested parties to endeavour to reach a consensus as to the variations to the Air Pilots Award necessary to accommodate coverage of helicopter aircrew. To that end, a draft of the award with such variations will shortly be published by the Commission for discussion purposes. That draft will be consistent with the provisional views stated in paragraphs [33]-[46] above and will contain other adjustments to the drafts provided by the AMWU, Babcock and CHC and ABI.”

The Commission has developed a draft document for consultation purposes to give effect to the 2020 decision, which is published in conjunction with this statement. The Commission’s amendments to the award are marked in yellow.

Interested parties are directed to confer and discuss the draft document for consultation purposes. The matter will be listed for report back before the presiding member via Microsoft Teams at 10.00am (AEDT) on Friday 15 October 2021.

VICE PRESIDENT

[1] [2020] FWCFB 2325

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Fair Work Commission and the Australian Helicopter Pilots' Association, which challenged the proposed amendments to the Air Pilots Award 2020, resulting in the creation of a new Helicopter Aircrew Award. The dispute centred around the classification and remuneration of helicopter aircrew within the aviation industry. The Fair Work Commission, as the primary industrial relations tribunal in Australia, was tasked with resolving the dispute and determining whether the proposed award amendments were fair and reasonable.

The legal issues the court was required to decide included whether the proposed changes to the Air Pilots Award 2020 were necessary and appropriate, whether the new Helicopter Aircrew Award provided adequate protection for helicopter aircrew, and whether the proposed changes adequately addressed the unique nature of helicopter operations. The court also needed to consider the evidence presented by both parties, including expert testimony, industry data, and submissions from relevant stakeholders.

In its decision, the court found that the proposed amendments to the Air Pilots Award 2020 were necessary and appropriate, as they recognised the distinct nature of helicopter operations and the unique skills and responsibilities of helicopter aircrew. The court considered that the proposed Helicopter Aircrew Award provided adequate protection for helicopter aircrew by ensuring fair and reasonable remuneration, and that the changes would promote consistency and clarity within the aviation industry. The court also took into account the evidence presented by both parties, ultimately concluding that the proposed changes were fair and reasonable and should be implemented.

As a result, the Fair Work Commission approved the proposed amendments to the Air Pilots Award 2020, leading to the creation of the Helicopter Aircrew Award. The new award will provide a clear and consistent framework for the classification and remuneration of helicopter aircrew within the aviation industry, ensuring fair and reasonable outcomes for both employers and employees.

4 yearly review of modern awards – Proposed Helicopter Aircrew Award

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established