Careflight Limited T/A CareFlight
[2024] FWCA 1541
•26 APRIL 2024
| [2024] FWCA 1541 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Careflight Limited T/A CareFlight
(AG2024/1049)
CAREFLIGHT FIXED WING PILOT (NT) ENTERPRISE AGREEMENT 2023-2026
| Health and welfare services | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 26 APRIL 2024 |
Application for approval of the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2023-2026
An application has been made for approval of an enterprise agreement known as the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2023-2026 (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 T/A CareFlight (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 June 2023 and the Agreement was made on 20 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Federation of Air Pilots (the AFAP), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
The Applicant has provided written undertakings. 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.
A potential BOOT issue arose with respect to the recovery of training costs from an employee by the employer, whereby if the cost of such training was below $40,000, the Award would provide a greater benefit. However, the Applicant has confirmed that the training cost is above $40,000 and it is not reasonably foreseeable that the cost will reduce to a figure below $40,000 during the life of the Agreement. As such, I regard the potential issue as resolved.
In conducting a review of the accompanying material submitted with the Application it emerged that a superseded version of the NERR had been issued to employees. However, there is no evidence that employees have been disadvantaged by this and so I have used the power conferred by s.185(5) of the Act to disregard this minor technical error.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Australian Federation of Air Pilots (the AFAP),) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AFAP.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 3 May 2027.
DEPUTY PRESIDENT
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