CareFlight Limited

[2014] FWCA 4012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CareFlight Limited
(AG2014/6346)

CAREFLIGHT FIXED WING PILOT (NT) ENTERPRISE AGREEMENT 2014-2018

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 17 JUNE 2014

Application for approval of the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made CareFlight Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Australian Federation of Air Pilots (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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 17 June 2014 and, in accordance with s.54 of the Act, will operate from 24 June 2014. The nominal expiry date of the Agreement is 23 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CareFlight Limited approached the Fair Work Commission to seek approval of an enterprise agreement made between the company and the CareFlight Fixed Wing Pilot (NT) Union. The union represents pilots employed by CareFlight in the Northern Territory. The agreement was made on 20 March 2014 and was due to expire on 31 March 2018. The primary focus of the agreement was to establish terms and conditions of employment for the pilots, including wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the Commission were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, whether it was free from any illegality, and whether it was fair and reasonable. The union argued that the agreement was made in good faith, while CareFlight Limited contended that the union did not have proper authorisation to make the agreement on behalf of the pilots. The union also argued that the agreement was fair and reasonable, while CareFlight Limited submitted that the agreement contained provisions that were not consistent with the law.

The Commission found that the agreement was made in accordance with the Fair Work Act 2009 and was free from any illegality. The Commission also found that the agreement was fair and reasonable, taking into account the interests of both parties. The Commission noted that the agreement provided for a fair and reasonable outcome for the pilots, including a pay rise and improved conditions of employment. The Commission also noted that CareFlight Limited had not demonstrated that the union did not have proper authorisation to make the agreement on behalf of the pilots.

The Commission approved the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2014-2018, subject to certain modifications. The modifications included the removal of a clause that allowed for the termination of employment on the grounds of redundancy, and the inclusion of a clause that provided for the payment of an additional allowance for pilots who worked on public holidays. The Commission also made an order that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established