Babcock Mission Critical Services Australasia Pty Ltd

[2019] FWCA 7126

[2019] FWCA 7126

FAIR WORK COMMISSION

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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