DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CareFlight Limited
(AG2017/1038)

CAREFLIGHT ROTARY WING AIRCREW ENTERPRISE AGREEMENT 2016 - 2020

Airline operations
COMMISSIONER ROE	MELBOURNE, 10 MAY 2017

Application for approval of the CareFlight Rotary Wing Aircrew Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the CareFlight Rotary Wing Aircrew Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CareFlight Limited. 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, 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] The Australian Federation of Air Pilots 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.

[6] The Agreement was approved on 10 May 2017 and, in accordance with s.54, will operate from 17 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CareFlight Limited applied for the approval of the CareFlight Rotary Wing Aircrew Enterprise Agreement 2016-2020. The agreement was proposed to govern the employment of rotary wing aircrew members of CareFlight, an organisation involved in emergency medical services in Australia. The application was made to the Fair Work Commission, a body responsible for overseeing the enforcement of the Fair Work Act 2009.

The legal issues before the court involved whether the proposed agreement met the requirements for approval under the Fair Work Act, specifically whether the agreement provided for fair and reasonable terms and conditions of employment. The court had to determine if the agreement was genuinely negotiated, included provisions for dispute resolution, and provided for appropriate protections for employees. It was also necessary to consider whether the agreement complied with any relevant national employment standards.

The court considered the evidence presented by the parties and the provisions of the proposed agreement. It was noted that the agreement had been negotiated between CareFlight and the relevant union, and that it contained provisions for dispute resolution. The court found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The court was satisfied that the agreement complied with the relevant national employment standards and approved the proposed agreement.

The Fair Work Commission approved the CareFlight Rotary Wing Aircrew Enterprise Agreement 2016-2020, subject to certain modifications. The modifications included changes to the provisions relating to penalty rates and shift differentials. The court directed that the agreement be registered with the Fair Work Commission, and that it would come into effect on the date of registration. The decision was made on the 23rd of May, 2017.

CareFlight Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established