Careflight Limited T/A Careflight

[2023] FWCA 351

[2023] FWCA 351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Careflight Limited T/A Careflight

(AG2022/5368)

CAREFLIGHT ROTARY WING AIRCREW ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 3 FEBRUARY 2023

Application for approval of the CareFlight Rotary Wing Aircrew Enterprise Agreement 2020-2023

1. Careflight Limited T/A Careflight (the Employer) has applied for approval of an enterprise agreement known as the CareFlight Rotary Wing Aircrew Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Australian Federation of Air Pilots (AFAP) wrote to my chambers on 2 February 2023 advising that it supports the undertakings.   

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term prescribed by Schedule 2.3 of the Fair Work Regulations 2009 is attached to the Agreement and taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The AFAP and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representative for the Agreement have 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 AFAP and the AMWU. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2023.  The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

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Annexure A – Undertakings