CHC Helicopters (Australia) Summary

[2013] FWCA 4066

FAIR WORK COMMISSION

DECISION

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

CHC Helicopters (Australia)
(AG2013/1458)

CHC HELICOPTERS (AUSTRALIA) AMWU & ALAEA AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2012-2015

Airline operations
COMMISSIONER CLOGHAN	PERTH, 25 JUNE 2013

Application for approval of the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2012-2015.

[1] On 12 June 2013, CHC Helicopters (Australia) made application for approval of a single enterprise agreement to be known as the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 29 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Licenced Aircraft Engineers Association ALAEA) and the Australian Manufacturing Workers Union (AMWU) have declared that the ALAEA and AMWU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ALAEA and AMWU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ALAEA and AMWU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 2 July 2013.

[7] The nominal expiry date of this Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CHC Helicopters (Australia), applied to the Fair Work Commission for approval of the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2012-2015. The applicant sought approval under section 231 of the Fair Work Act 2009, arguing the agreement contained terms that met the "better off overall test". The dispute centred on whether the agreement provided for terms and conditions that were, on balance, no less favourable than those under the relevant award, and whether it was in the interests of employees.

The legal issues the court had to decide were whether the agreement satisfied the requirements of section 231 of the Fair Work Act, particularly the "better off overall test". This test required the court to determine whether the agreement provided for terms and conditions that were, on balance, no less favourable than those under the relevant award, and whether it was in the interests of employees. The court also needed to consider whether the agreement was appropriately negotiated and whether any unfair provisions were outweighed by the overall benefits to employees.

The court found that the agreement met the "better off overall test" and was in the interests of employees. The court considered the overall terms and conditions of the agreement, including wages, leave entitlements, and other benefits. The court found that the agreement provided for terms that were, on balance, no less favourable than those under the relevant award, and that it was in the interests of employees. The court also found that the agreement was appropriately negotiated and that any unfair provisions were outweighed by the overall benefits to employees. The court approved the agreement under section 231 of the Fair Work Act.

The court ordered that the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2012-2015 be approved as a registered agreement under section 176 of the Fair Work Act. The agreement was to be registered as of the date of the decision and would remain in force until 30 June 2015, or until terminated in accordance with its provisions. The court also ordered that the agreement be published in the Fair Work Commission's Register of Approved Agreements.

CHC Helicopters (Australia)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established