DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bristow Helicopters Australia Pty Ltd
(AG2016/140)

BRISTOW HELICOPTERS AUSTRALIA ENGINEERS ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Bristow Helicopters Australia Engineers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bristow Helicopters Australia Engineers Enterprise Agreement 2015 (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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Licensed Aircraft Engineers Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Bristow Helicopters Australia Pty Ltd for approval of the Bristow Helicopters Australia Engineers Enterprise Agreement 2015. The applicant sought to have the agreement registered with the Fair Work Commission, which would make it a legally binding award. The dispute centred around the terms and conditions of employment for engineers working for the company and the procedural fairness in the negotiation and finalisation of the agreement.

The central legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. This included examining if the agreement was made in good faith and without coercion, whether it provided for a safety net of minimum wages and conditions, and if it was free from any illegal content. The fairness of the bargaining process was also scrutinized, considering if the agreement was negotiated fairly and whether there were any procedural defects that might invalidate it.

The Fair Work Commission determined that the agreement did not meet the statutory requirements for approval. The commission found that there were procedural deficiencies in the bargaining process, including a lack of genuine negotiation and issues with the timing of the agreement. Additionally, certain clauses within the agreement were deemed to be in contravention of the Fair Work Act. Given these findings, the commission concluded that the agreement did not satisfy the necessary criteria for approval and dismissed the application.

The Fair Work Commission ordered that the application for approval of the Bristow Helicopters Australia Engineers Enterprise Agreement 2015 be dismissed. The commission directed that the agreement remain unregistered and not have the force of an award. This outcome underscores the importance of adhering to the legal framework governing enterprise agreements to ensure that they are both substantively and procedurally valid.

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