DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bristow Helicopters Australia Pty Ltd T/A Bristow Helicopters Australia
(AG2018/160)

BRISTOW HELICOPTERS AUSTRALIA ENGINEERS ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2018

Application for variation 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 T/A Bristow Helicopters Australia. The Agreement is a single enterprise agreement.

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Fair Work Commission (FWC) for variation of the Bristow Helicopters Australia Engineers Enterprise Agreement 2015. The applicant, the FWC, sought to amend the agreement to ensure it complied with various legislative requirements, including those under the Fair Work Act 2009. The applicant argued that certain provisions in the agreement were inconsistent with the statutory minimum standards and that variations were necessary to align the agreement with these standards.

The primary legal issues the FWC had to address were whether the existing provisions of the agreement were in compliance with the Fair Work Act and whether variations were necessary to achieve compliance. The FWC needed to determine if the proposed changes would ensure that the agreement met the minimum standards set by the legislation and if such changes were in the interests of fairness and equity. Additionally, the FWC had to consider the impact of the variations on the rights and obligations of the parties under the agreement.

The FWC held that several provisions in the agreement were inconsistent with the statutory minimum standards and required variation. The FWC found that the proposed changes were necessary to ensure compliance with the Fair Work Act and that these variations would not unjustifiably disadvantage any party. The FWC concluded that the variations were appropriate and necessary to align the agreement with the legislative requirements, thereby upholding the integrity of the enterprise agreement while ensuring compliance with the law.

The FWC granted the application for variation of the Bristow Helicopters Australia Engineers Enterprise Agreement 2015, making the necessary amendments to ensure compliance with the Fair Work Act. The decision reflects the FWC’s role in maintaining the balance between the rights of employers and employees and ensuring that enterprise agreements meet the minimum standards set by the legislation.

Bristow Helicopters Australia Pty Ltd T/A Bristow Helicopters Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established