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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application by Bristow Helicopters Australia Pty Ltd for the approval of the Bristow Helicopters Australia Technical Crew Enterprise Agreement 2015. The dispute centred on the validity of the proposed enterprise agreement and whether it complied with relevant legislative provisions, specifically the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement met the criteria for being a "single-employer" agreement and whether it had been made in good faith and without coercion. Additionally, the Commission considered whether the agreement provided appropriate protections for employees and whether it was in the best interests of the employees concerned.

In its reasoning, the Fair Work Commission noted that the proposed agreement was indeed a single-employer agreement, as it was made between a single employer, Bristow Helicopters Australia Pty Ltd, and its employees. The Commission found that the agreement had been made in good faith, without coercion, and that it provided appropriate protections for the employees. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment, including provisions for wages, hours of work, and other employment conditions. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bristow Helicopters Australia Technical Crew Enterprise Agreement 2015, finding that it met all the necessary criteria under the Fair Work Act 2009. The agreement was deemed to be a genuine single-employer agreement made in good faith, without coercion, and providing appropriate protections for the employees. The Commission's approval was based on the conclusion that the agreement was in the best interests of the employees and represented fair and reasonable terms of employment.

Bristow Helicopters Australia Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established