DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Helicopters Pty Ltd T/A Australian Helicopters
(AG2016/1329)

AUSTRALIAN HELICOPTERS PILOTS ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Australian Helicopters Pilots Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Helicopters Pilots Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Helicopters Pty Ltd T/A Australian Helicopters. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 3 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Australian Helicopters Pty Ltd, trading as Australian Helicopters, applied to the Fair Work Commission for approval of the Australian Helicopters Pilots Enterprise Agreement 2016. The dispute arose from the company's request to have the agreement approved under the Fair Work Act 2009, with the Australian Council of Trade Unions and the Australian Licensed Aircraft Engineers Association acting as objectors. The primary legal issues the court needed to decide were whether the agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms, and if it was certified by a certified agreement certifier.

The court considered the evidence and submissions from both parties. The applicant argued that the agreement provided for fair and reasonable terms and conditions for the employees, while the objectors contended that the agreement did not adequately protect the employees' interests. The court found that the agreement provided for fair and reasonable terms and conditions of employment and that the certifier had followed the correct procedures in certifying the agreement. The court noted that while some concerns were raised by the objectors, they did not warrant refusing the application for approval.

The court approved the Australian Helicopters Pilots Enterprise Agreement 2016, determining that it met the requirements for approval under the Fair Work Act 2009. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and the certifier's certification was found to be valid. The court's decision was based on the evidence presented and the arguments made by both parties. The final orders included the approval of the enterprise agreement, with the parties bound by its terms.

Australian Helicopters Pty Ltd T/A Australian Helicopters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established