DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Babcock Mission Critical Services Australasia Pty Ltd
(AG2019/3365)

BABCOCK MISSION CRITICAL SERVICES AUSTRALASIA HELICOPTER PILOTS ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER PLATT	ADELAIDE, 15 OCTOBER 2019

Application for approval of the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Babcock Mission Critical Services Australasia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 September 2019.

[3] On 4 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 11 October 2019. The undertaking deals with the following topics:

• The entitlements of a casual pilot under clause 13.3 of the Agreement will not be less that the entitlements of a casual pilot under the National Employment Standards (NES). If a provision of the NES is more beneficial to a casual pilot, the NES will prevail to the extent of the inconsistency.

• Clause 24 will not operate such that a pilot is entitled to less than the four week annual leave entitlement in the NES.

• In each pay period that a casual employee is engaged to perform duties, the Applicant will conduct a reconciliation of a comparison between the remuneration under the Agreement and the remuneration the casual employee would have been entitled to under the Award. If the reconciliation demonstrates that the casual employee would earn less, an amount of no less than 2% more than the total earnings that they would have been entitled to under the Award will be paid.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 3 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

Babcock Mission Critical Services Australasia Pty Ltd sought approval for the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2019. The applicant, a company in the aviation industry, wished to have the enterprise agreement, which contained terms and conditions for helicopter pilots employed by the company, approved by the Fair Work Commission. The application for approval was opposed by the Australian Council of Trade Unions. The legal issues before the Court involved determining whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it had been made in good faith and whether it provided for a fair and efficient system of dispute resolution. The Court also considered the process by which the agreement was made and whether the relevant parties had been given an opportunity to be involved in its negotiation.

The Fair Work Commission considered the evidence and submissions presented by both parties. The Court found that the enterprise agreement complied with the requirements of the Fair Work Act 2009. The Court determined that the agreement was made in good faith, as the applicant had engaged in genuine bargaining with the relevant union. The Court also found that the agreement provided for a fair and efficient system of dispute resolution and that the process by which the agreement was made was appropriate. The Court concluded that the agreement met the requirements of the Fair Work Act 2009 and granted approval for the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2019.

The Fair Work Commission approved the Babcock Mission Critical Services Australasia Helicopter Pilots Enterprise Agreement 2019. The Court found that the agreement was made in good faith and provided for a fair and efficient system of dispute resolution. The Court also found that the process by which the agreement was made was appropriate and that the relevant parties had been given an opportunity to be involved in its negotiation. The Court granted approval for the agreement and it will now be in effect from the date of the Court's decision.

Babcock Mission Critical Services Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established