Helicopter Resources Pty Ltd Summary

[2023] FWCA 280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Helicopter Resources Pty Ltd

(AG2022/5609)

HELICOPTER RESOURCES PTY LTD PILOTS ENTERPRISE AGREEMENT 2023

Industries not otherwise assigned
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JANUARY 2023

Application for approval of the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2023

Helicopter Resources Pty Ltd has made an application for approval of an enterprise agreement known as the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 27 January 2023 and, in accordance with s 54, it will operate from 3 February 2023. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Helicopter Resources Pty Ltd sought approval for the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2023. The application was contested by various unions and a pilot, who argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the relevant legislative provisions, particularly concerning the process of its creation and its provisions.

The Commission considered the evidence provided by the parties regarding the negotiation process of the agreement. It examined whether the agreement was genuinely negotiated between the employer and the pilots and whether it was made in good faith. The Commission also assessed the agreement's provisions to ensure they complied with the Fair Work Act, including provisions related to minimum rates of pay, conditions of employment, and dispute resolution mechanisms. The Commission found that the agreement had been genuinely negotiated and was made in good faith, and that it contained all the required provisions. Therefore, the application for approval was successful.

The Fair Work Commission approved the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2023, finding it to be compliant with the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the pilots, including provisions for minimum rates of pay, leave entitlements, and dispute resolution. The Commission's decision provides clarity for employers and employees in the aviation industry and ensures that the agreement will operate effectively.

Helicopter Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established