Bristow Helicopters Australia

[2013] FWCA 9794

FAIR WORK COMMISSION

DECISION

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

Bristow Helicopters Australia
(AG2013/10407)

BRISTOW MANAGEMENT SERVICES ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CLOGHAN	PERTH, 17 DECEMBER 2013

Application for approval of the Bristow Management Services Enterprise Agreement 2013.

[1] On 10 December 2013, Bristow Helicopters Australia made application for approval of a single enterprise agreement to be known as the Bristow Management Services Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 29 November 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Licenced Aircraft Engineers Association (ALAEA) has declared that the ALAEA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ALAEA supports the approval of the Agreement by the Commission. Finally, the ALAEA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 December 2013.

[7] The nominal expiry date of this Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bristow Helicopters Australia, sought approval for the Bristow Management Services Enterprise Agreement 2013 from the Fair Work Commission (FWC). The dispute revolved around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement was fair and compliant with the various provisions of the Act.

The central legal issues included whether the agreement adequately covered minimum entitlements, allowed for genuine bargaining, and contained appropriate dispute resolution mechanisms. Additionally, the FWC examined if the agreement was free from any unfair content that could be detrimental to employees. The FWC needed to ensure that the agreement provided for fair terms and conditions, and that it was made in good faith and without coercion.

The FWC found that the agreement was largely compliant with the Act. It acknowledged the good faith bargaining process and the inclusion of minimum entitlements. The FWC was satisfied that the agreement allowed for genuine bargaining and contained appropriate dispute resolution mechanisms. After careful consideration, the FWC determined that the agreement was fair and approved it accordingly. The approval was contingent on certain minor amendments to address specific areas of concern raised during the review process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established