CareFlight Limited Summary

[2013] FWCA 925

FAIR WORK COMMISSION

DECISION

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

CareFlight Limited
(AG2013/4820)

CAREFLIGHT ROTARY WING PILOT AND AIRCREW ENTERPRISE AGRREEMENT 2012 - 2015

Northern Territory
COMMISSIONER CAMBRIDGE	SYDNEY, 11 FEBRUARY 2013

Application for approval of the CareFlight Rotary Wing Pilot and Aircrew Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the CareFlight Rotary Wing Pilot and Aircrew Enterprise Agreement 2012 - 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 Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Darwin on 4 February 2013. The application included a Statutory Declaration of Shane Bradley Klein made on behalf of the Employer and dated 1 February 2013, (the Declaration). The Declaration stated that the Agreement was made on 23 January 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 11 February 2013. I note that the file has included a Statutory Declaration of Brian Lewis made on behalf of United Voice (UV) as an employee organisation in relation to the application. I further note that the provision of a Statutory Declaration of Joanne Janes made on behalf of the Australian Federation of Air Pilots (AFAP) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 10 and a consultation term at clause 7.

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

[7] The UV and the AFAP, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the UV and the AFAP.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 18 February 2013. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CareFlight Limited for the approval of the CareFlight Rotary Wing Pilot and Aircrew Enterprise Agreement 2012 - 2015. This agreement was intended to regulate the employment terms and conditions of CareFlight's rotary wing pilots and aircrew between the years 2012 and 2015. The primary issue at hand was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and met the statutory criteria for approval.

The Commission needed to determine if the agreement contained all the mandated terms, if it was free from prohibited content, and if it was made in good faith. Additionally, the court examined if the agreement ensured fair remuneration and conditions for the employees, and if it complied with the procedural fairness requirements. The Commission needed to ensure that the agreement did not undermine the protections provided under the Fair Work Act and was not made under duress or coercion.

In reaching its decision, the Fair Work Commission examined the contents of the agreement and considered the evidence provided by both CareFlight Limited and the employees' representatives. The Commission concluded that the agreement satisfied all the necessary statutory requirements. It was found to include all mandated terms, was free from prohibited content, and was made in good faith. The remuneration and conditions provided were deemed fair, and the agreement was not found to contravene any provisions of the Fair Work Act. Consequently, the Commission approved the CareFlight Rotary Wing Pilot and Aircrew Enterprise Agreement 2012 - 2015, finding it to be compliant with the necessary legal standards.

The Commission's final order was the approval of the CareFlight Rotary Wing Pilot and Aircrew Enterprise Agreement 2012 - 2015, effective from the date of the decision. This ruling provided clarity and legal certainty to both CareFlight Limited and its employees, ensuring that the terms and conditions of employment were governed by an agreement that met all statutory requirements.

CareFlight Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established