Bristow Helicopters Australia Pty Ltd

[2015] FWCA 2627

[2015] FWCA 2627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bristow Helicopters Australia Pty Ltd
(AG2015/608)

BRISTOW HELICOPTERS AUSTRALIA TECHNICAL CREW ENTERPRISE AGREEMENT 2015

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 APRIL 2015

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

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] The Agreement was approved on 16 April 2015 and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

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ANNEXURE A