CareFlight (Qld) Limited T/A CareFlight Group

[2014] FWCA 7948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CareFlight (Qld) Limited T/A CareFlight Group
(AG2014/9597)

CAREFLIGHT (QLD) LIMITED (SUNSHINE COAST & BUNDABERG) ROTARY WING AIRCREW OFFICER’S ENTERPRISE AGREEMENT 2013-2015

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 10 NOVEMBER 2014

Application for approval of the CareFlight (QLD) Limited (Sunshine Coast & Bundaberg) Rotary Wing Aircrew Officer’s 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 Aircrew Officer’s 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 T/A CareFlight Group. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 24.4(ii) and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

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

[4] United Voice being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 10 November 2014 and, in accordance with s.54 of the Act, will operate from 17 November 2014. The nominal expiry date of the Agreement is 12 December 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of CareFlight (Qld) Limited T/A CareFlight Group, the applicant sought approval for the CareFlight (QLD) Limited (Sunshine Coast & Bundaberg) Rotary Wing Aircrew Officer’s Enterprise Agreement 2013-2015. The applicant, a provider of air medical services, aimed to formalise the terms and conditions of employment for its rotary wing aircrew officers in accordance with the Fair Work Act 2009. The dispute arose from the need to secure approval for the proposed enterprise agreement, which was to be assessed by the Fair Work Commission under the relevant legislative framework.

The primary legal issues the court had to address were whether the proposed agreement met the requirements of the Fair Work Act and whether it complied with the principles of good faith bargaining and procedural fairness. The court was tasked with ensuring that the agreement was not only fair and reasonable but also met the standards set by the legislation, particularly in terms of procedural fairness and the avoidance of any unfair terms that could potentially disadvantage the employees.

The court considered the arguments presented by both parties, focusing on the provisions of the Fair Work Act, including the criteria for good faith bargaining and procedural fairness. It examined whether the applicant had demonstrated an appropriate process of consultation and negotiation with the employees' representatives. The court also assessed the substantive terms of the proposed agreement to ensure they were fair and reasonable, taking into account the specific needs and circumstances of the employees. Ultimately, the court found that the applicant had satisfied the necessary legislative requirements and approved the enterprise agreement.

In conclusion, the Fair Work Commission found in favour of the applicant and approved the proposed enterprise agreement. The court's decision was based on the applicant's compliance with the procedural and substantive requirements of the Fair Work Act, ensuring that the agreement was fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established