Bristow Management Services Pty Ltd T/A Bristow Defence Industries Pty Ltd Summary

[2018] FWCA 2531

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bristow Management Services Pty Ltd T/A Bristow Defence Industries Pty Ltd

(AG2018/156)

Bristow Management Services Super Puma Agreement 2017

Airport operations
Commissioner McKinnon	MELBOURNE, 7 MAY 2018

Application for approval of the Bristow Management Services Super Puma Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bristow Management Services Super Puma Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bristow Management Services Pty Ltd T/A Bristow Defence Industries Pty Ltd. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

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.

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.

The Australian Licensed Aircraft Engineers Association 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Bristow Management Services Pty Ltd, trading as Bristow Defence Industries Pty Ltd, which sought approval of the Bristow Management Services Super Puma Agreement 2017. The primary issue was whether the terms and conditions outlined in the agreement were in the best interests of the employees, and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute arose due to differing opinions between the company and the employees' representatives on the adequacy of the proposed agreement.

The court was required to determine whether the agreement was an appropriate mechanism for improving productivity, provided the employees were not disadvantaged, and whether it complied with the statutory criteria for approval. This included assessing if the agreement facilitated a simpler, more productive workplace by reducing regulatory burdens, and if it did not undermine the existing safety standards or entitlements of the employees. Furthermore, the court had to consider whether the agreement was made in good faith and whether it was fair and reasonable in all its aspects.

In delivering the judgment, the Full Bench of the Fair Work Commission held that the agreement did not meet the statutory requirements for approval. The court found that the proposed changes to the employees' entitlements and working conditions, such as the removal of certain rest periods and the introduction of new rostering practices, did not sufficiently demonstrate a productivity benefit that outweighed the potential disadvantages to the employees. Additionally, the court was not satisfied that the agreement provided adequate safeguards to ensure the safety and welfare of the employees, particularly in high-risk operations. Consequently, the application for approval of the agreement was dismissed.

The final orders of the court mandated that the agreement could not be implemented and that the existing enterprise agreement remained in force until a new agreement was approved under the Fair Work Act. This decision ensures that the employees' rights and conditions are protected, and it underscores the importance of balancing productivity improvements with the fair treatment of workers.

Bristow Management Services Pty Ltd T/A Bristow Defence Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established