DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CareFlight Limited
(AG2019/2706)

CAREFLIGHT FIXED WING PILOT (NT) ENTERPRISE AGREEMENT 2018-2022

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 OCTOBER 2019

Application for approval of the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2018-2022.

[1] CareFlight Limited has made an application for the approval of an enterprise agreement known as the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2018-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Federation of Air Pilots (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 22 October 2019 and, in accordance with s 54, will operate commence operation on 29 October 2019. The nominal expiry date of the Agreement is 29 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of CareFlight Limited, the Fair Work Commission heard an application for the approval of the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2018-2022. The dispute centred around the terms and conditions of employment for fixed wing pilots employed by CareFlight in the Northern Territory. The Commission was tasked with determining whether the proposed enterprise agreement was fair and reasonable, considering the interests of both the employees and the employer.

The primary legal issues before the Commission involved the fairness of various provisions within the enterprise agreement. These included the classification of pilots, remuneration and benefits, working conditions, and dispute resolution mechanisms. The Commission needed to assess whether the agreement provided a fair balance of rights and obligations between the parties and complied with the relevant legislative framework.

After considering the submissions and evidence presented by both parties, the Commission concluded that the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2018-2022 was fair and reasonable. The Commission found that the agreement addressed the needs and interests of both the pilots and CareFlight in a balanced manner. The Commission also noted that the agreement provided for appropriate mechanisms to resolve any future disputes that may arise. Consequently, the Commission approved the enterprise agreement, and it is now legally binding on both parties.

The final orders of the Commission included the approval of the CareFlight Fixed Wing Pilot (NT) Enterprise Agreement 2018-2022, which is to be registered with the Fair Work Commission. The agreement will govern the employment terms and conditions of fixed wing pilots employed by CareFlight in the Northern Territory for the duration of the agreement.

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