CareFlight Group QLD

[2013] FWCA 9721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CareFlight Group QLD
(AG2013/11576)

CAREFLIGHT (QLD) LIMITED ROTARY WING AIRCREWMAN CERTIFIED AGREEMENT 2013 - 2015

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 12 DECEMBER 2013

Application for approval of the Careflight (Qld) Limited Rotary Wing Aircrewman Certified Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Careflight (Qld) Limited Rotary Wing Aircrewman Certified Agreement 2013 - 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CareFlight Group QLD. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 19 December 2013. The nominal expiry date of the Agreement is 12 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CareFlight Group QLD is an application by CareFlight (Qld) Limited for approval of the CareFlight (Qld) Limited Rotary Wing Aircrewman Certified Agreement 2013 - 2015. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the requirements under the Fair Work Act 2009. The agreement in question is a certified agreement between CareFlight (Qld) Limited and the Australian Licensed Aircraft Engineers' Association, and it covers the employment conditions of rotary wing aircrew members employed by the company. The dispute centres on whether the agreement appropriately addresses the Fair Work Act’s requirements, including the provision of fair and reasonable terms and conditions of employment.

The legal issues the court had to decide included whether the agreement provided for fair and reasonable terms and conditions, whether it was consistent with the national workplace relations system, and whether it appropriately addressed the needs of both parties. The court also needed to ensure that the agreement met the criteria for approval under the Fair Work Act. These criteria include the agreement's alignment with the national minimum standards of employment, its consistency with the broader objectives of the Fair Work Act, and whether it was certified by an appropriate independent body.

The Fair Work Commission examined the agreement in detail, considering its terms and conditions, the process by which it was certified, and its overall fairness and reasonableness. The Commission noted that the agreement was certified by the Independent Certifier, which was conducted in accordance with the Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, met the national minimum standards, and was consistent with the national workplace relations system. The agreement was therefore approved under the Fair Work Act, ensuring that it would govern the employment conditions of the rotary wing aircrew members until its expiration.

In approving the agreement, the Commission made an order that the CareFlight (Qld) Limited Rotary Wing Aircrewman Certified Agreement 2013 - 2015 be approved. This decision ensures that the agreement will be legally binding and enforceable between CareFlight (Qld) Limited and its rotary wing aircrew members, providing a framework for their employment conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established