CareFlight (Qld) Limited

[2014] FWCA 7572

FAIR WORK COMMISSION

DECISION

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

CareFlight (Qld) Limited
(AG2014/9040)

CAREFLIGHT (QLD) LIMITED (SUNSHINE COAST & BUNDABERG) ROTARY WING PILOT ENTERPRISE AGREEMENT 2013 - 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 24 OCTOBER 2014

Application for approval of the CareFlight (QLD) Limited (Sunshine Coast & Bundaberg) Rotary Wing Pilot Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the CareFlight (QLD) Limited (Sunshine Coast & Bundaberg) Rotary Wing Pilot Enterprise Agreement 2013 - 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 (QLD) Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 18 September 2014. The application included a Statutory Declaration of Traci Hayman made on behalf of the Employer and dated 17 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 15 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 21 October 2014, from the Employer which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application and the Undertakings. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 24 October 2014. I note that the file has included a Statutory Declaration of Andrew Molnar made on behalf of the Australian Federation of Air Pilots (the AFAP), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 14 and a consultation term at clause 11.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[9] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AFAP.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 31 October 2014. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 30 June 2015.

COMMISSIONER

Undertakings:

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, CareFlight (Qld) Limited, represented by their legal counsel, sought approval for the CareFlight (QLD) Limited (Sunshine Coast & Bundaberg) Rotary Wing Pilot Enterprise Agreement 2013 - 2015. The application was contested by the Australian Licensed Aircraft Engineers Association (ALAEA), which argued that certain aspects of the agreement did not meet the necessary standards for approval under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement complied with the legal requirements, particularly regarding the terms and conditions of employment for the rotary wing pilots.

The Fair Work Commission examined the provisions of the proposed agreement against the criteria set out in the Fair Work Act. Key points of contention included the classification of roles, remuneration, working hours, and provisions for rest periods. The Commission had to determine if the agreement provided for a fair and reasonable outcome for both parties, ensuring that the terms were not contrary to public policy or detrimental to the welfare of the employees. After careful consideration of the submissions from both parties and relevant legal precedents, the Commission concluded that the proposed agreement was fair and reasonable, meeting all statutory requirements.

The Fair Work Commission found that the agreement provided for appropriate classification of roles, remuneration that was competitive within the industry, and reasonable working hours with adequate rest periods. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the needs of both the employer and the employees. Consequently, the Commission approved the CareFlight (QLD) Limited (Sunshine Coast & Bundaberg) Rotary Wing Pilot Enterprise Agreement 2013 - 2015. The Commission's decision was based on the comprehensive evaluation of the agreement's provisions, ensuring compliance with the statutory framework and fairness in employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established