Australian Helicopters Pty Ltd

[2014] FWCA 1787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Helicopters Pty Ltd
(AG2014/515)

AUSTRALIAN HELICOPTERS PILOTS ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 17 MARCH 2014

Application for approval of the Australian Helicopters Pilots Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Helicopters Pilots Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Helicopters Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Federation of Air Pilots, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2014. The nominal expiry date of the Agreement is 3 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Helicopters Pty Ltd, represented by its managing director, who filed an application for the approval of the Australian Helicopters Pilots Enterprise Agreement 2013. The application was made before the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute arose from the negotiation and subsequent application for approval of the enterprise agreement, which aimed to establish the terms and conditions of employment for pilots working for the company.

The primary legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act, and if it met the "better off overall test" (BOOT) as stipulated by the legislation. This test requires that the agreement must provide employees with a minimum total remuneration package that is at least as good as the applicable award or modern award. Additionally, the Commission had to consider whether the agreement was made genuinely and fairly, and if it complied with other statutory provisions.

The Fair Work Commission, after thorough examination of the agreement and the processes involved in its creation, determined that the agreement was indeed made in compliance with the Fair Work Act. The Commission found that the agreement met the BOOT, as it provided pilots with a total remuneration package that was at least as good as the applicable award. Furthermore, the Commission was satisfied that the agreement had been made genuinely and fairly, and that all statutory requirements were met. Consequently, the Commission approved the Australian Helicopters Pilots Enterprise Agreement 2013, enabling it to take effect from the specified date.

As a result of the approval, the Fair Work Commission ordered that the Australian Helicopters Pilots Enterprise Agreement 2013 be registered and published as required by the Fair Work Act. This registration and publication would ensure that the terms of the agreement were known and accessible to all parties involved, including the employees, employers, and other stakeholders. The approval of the agreement was thus finalised, allowing for its implementation in accordance with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established