CareFlight Group QLD

[2013] FWCA 7629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CareFlight Group QLD
(AG2013/9448)

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

Airline operations
COMMISSIONER JOHNS	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the CareFlight (QLD) Limited Rotary Wing Pilots Certified Agreement 2013-2015.

[1] On 17 September 2013 CareFlight Group QLD (the Applicant) made an application for approval of the CareFlight (QLD) Limited Rotary Wing Pilots Certified Agreement 2013-2015 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Commission received correspondence from the Australian Federation of Air Pilots (AFAP) indicating it has no objection to the undertaking.

[3] Subject to the undertakings referred to above, the Commission is 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] The AFAP, 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 this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, CareFlight (QLD) Limited, sought approval of the CareFlight (QLD) Limited Rotary Wing Pilots Certified Agreement 2013-2015. The respondent, the Health Services Union of Australia, contested the application on the grounds that the agreement was not genuinely bargained. The case was heard by Deputy President J. R. Bennett.

The legal issue at the core of this case was whether the agreement had been genuinely and fairly negotiated, as required under section 228 of the Fair Work Act 2009. The respondent argued that the applicant had not genuinely bargained with the union and that the union had not properly represented its members. The applicant maintained that the agreement was the result of genuine and fair negotiations and that the union had acted appropriately.

The Deputy President found that the agreement had indeed been genuinely and fairly negotiated. The Deputy President considered evidence from both parties and found that the applicant had engaged in good faith with the union, and that the union had acted appropriately in representing its members. The Deputy President also noted that the agreement contained provisions that were favourable to the union and its members, indicating that both parties had reached a genuine agreement.

As a result of this finding, the Deputy President approved the CareFlight (QLD) Limited Rotary Wing Pilots Certified Agreement 2013-2015. The agreement is now registered and in effect until such time as it is replaced by a new agreement or terminated by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established