DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bristow Helicopters Australia Pty Ltd
(AG2016/1465)

BRISTOW HELICOPTERS AUSTRALIA PILOTS ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Bristow Helicopters Australia Pilots Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bristow Helicopters Australia 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 Bristow Helicopters Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bristow Helicopters Australia Pty Ltd sought approval of a new enterprise agreement from the Fair Work Commission (FWC). The agreement, proposed by the employer, aimed to regulate the employment terms of pilots employed by the company. The application was opposed by the Australian and International Pilots Association, which represented the pilots. The central issue before the FWC was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The FWC examined the process through which the agreement was negotiated, including the extent of consultation between the parties and whether the pilots had adequate opportunity to express their views.

The FWC noted that the agreement contained provisions that were fair and reasonable, such as those relating to wages, working conditions, and dispute resolution mechanisms. However, the FWC also highlighted certain provisions that were contentious, particularly those related to changes in work hours and rosters, which the pilots' association argued were detrimental. The FWC found that, while the overall negotiation process had been conducted in good faith, there were deficiencies in the consultation process, particularly regarding the changes to work hours and rosters. Despite these deficiencies, the FWC concluded that the benefits of the agreement outweighed the shortcomings in the negotiation process. Consequently, the FWC approved the enterprise agreement.

The FWC's decision was based on a careful balancing of the negotiation process and the substantive terms of the agreement. The FWC acknowledged the procedural flaws but found that they did not significantly detract from the overall fairness of the agreement. The final orders of the FWC were that the Bristow Helicopters Australia Pilots Enterprise Agreement 2016 be approved, effective from the date of the decision. The pilots' association's objections were thus overruled, and the agreement was set to govern the employment terms of the pilots going forward.

Bristow Helicopters Australia 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