Aerocare Flight Support Pty Ltd T/A Aerocare

In the matter of Aerocare Flight Support Pty Ltd T/A Aerocare, the Fair Work Commission was presented with an application for the approval of the Aerocare Collective Agreement 2018. The application was brought forward by Aerocare Flight Support Pty Ltd, with the Australian Services Union acting as the representative for the employees. The dispute centred on the terms and conditions of employment for the employees under the proposed agreement, including issues such as wages, hours of work, leave entitlements and other workplace conditions.

The primary legal issue for the Commission to determine was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for a fair and equitable outcome for the employees, including ensuring that the agreement met the 'better off overall test'. This test required the Commission to assess whether the employees would be better off overall under the proposed agreement compared to their existing terms and conditions, or the applicable awards.

After reviewing the evidence and submissions from both parties, the Commission determined that the Aerocare Collective Agreement 2018 met the requirements for approval. The Commission found that the agreement provided for a fair and equitable outcome for the employees, including meeting the better off overall test. The Commission also noted the efforts of both parties in reaching an agreement that balanced the interests of the employer and the employees. As a result, the Commission approved the proposed agreement, which will now form the basis of the terms and conditions of employment for the employees covered by the agreement.