Bristow Helicopters Australia Summary

[2013] FWCA 3120

FAIR WORK COMMISSION

DECISION

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

Bristow Helicopters Australia
(AG2013/6372)

BRISTOW HELICOPTERS AUSTRALIA PILOT ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CLOGHAN	PERTH, 17 MAY 2013

Application for approval of the Bristow Helicopters Australia Pilot Enterprise Agreement 2013

[1] On 9 May 2013, Bristow Helicopters Australia made application for approval of a single enterprise agreement to be known as the Bristow Helicopters Australia Pilot Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 3 May 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 Federation of Air Pilots (AFAP) has declared that the AFAP 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 AFAP supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AFAP 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 May 2013.

[7] The nominal expiry date of this Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bristow Helicopters Australia applied to the Fair Work Commission for approval of the Bristow Helicopters Australia Pilot Enterprise Agreement 2013. The respondents were the Australian Licensed Aircraft Engineers Association, the Australian Licensed Aircraft Maintenance Engineers Association, and the Australian Licensed Aircraft Mechanics Association. The dispute centred on the terms of the agreement, particularly concerning the classification of pilots and the impact on existing employees and their entitlements.

The legal issues before the court involved the interpretation of the Fair Work Act 2009 and the process for approving enterprise agreements under that Act. The court had to determine whether the agreement was made in good faith and whether it met the criteria for approval, including ensuring that the terms did not adversely affect existing employees. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it was not made in good faith and would adversely affect existing employees.

The Fair Work Commission found that the agreement was made in good faith and did not adversely affect existing employees. The court considered the evidence presented by both parties and concluded that the agreement was fair and reasonable. The commission noted that the applicants had provided evidence of the need for the agreement, including changes in the industry and the need to remain competitive. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it. The application for approval of the agreement was therefore granted.

The final orders of the Fair Work Commission were that the Bristow Helicopters Australia Pilot Enterprise Agreement 2013 be approved as a certified agreement under the Fair Work Act 2009. The agreement would be in effect from the date of the commission's decision and would apply to the employees covered by it. The commission also ordered that the agreement be published on its website and that copies be provided to the parties and any other interested persons.

Bristow Helicopters Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established