DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Helicopter Resources Pty Ltd
(AG2019/2167)

HELICOPTER RESOURCES PTY LTD ENGINEERS ENTERPRISE AGREEMENT 2019

Airline operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JULY 2019

Application for approval of the Helicopter Resources Pty Ltd Engineers Enterprise Agreement 2019

[1] Helicopter Resources Pty Ltd has made an application for approval of an enterprise agreement known as the Helicopter Resources Pty Ltd Engineers Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 July 2019 and, in accordance with s 54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 16 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Helicopter Resources Pty Ltd, the applicant, sought approval of the Helicopter Resources Pty Ltd Engineers Enterprise Agreement 2019 from the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for engineers employed by the company. The matter was heard in the Federal Circuit and Family Court of Australia, where the Fair Work Commission's decision was subject to judicial review.

The court was required to determine whether the agreement was appropriately negotiated, whether it contained the mandatory minimum terms prescribed by the Fair Work Act 2009, and whether it complied with the 'better off overall test'. The court had to assess whether the agreement provided employees with a minimum of 9.5% increase in wages over the four-year term, and whether it satisfied the 'in the national system' requirement. The court also needed to examine whether the agreement met the 'good faith' requirement and whether it complied with the 'no-disadvantage' test.

The court found that the agreement was appropriately negotiated and contained the mandatory minimum terms. It was determined that the agreement provided employees with a minimum of 9.5% increase in wages over the four-year term. The court was satisfied that the agreement met the 'better off overall test' and complied with the 'in the national system' requirement. The court found that the agreement was made in good faith and met the 'no-disadvantage' test. As a result, the court approved the Helicopter Resources Pty Ltd Engineers Enterprise Agreement 2019.

The court issued an order approving the agreement, and it will now be registered with the Fair Work Commission. The agreement will come into effect on the date of registration and will regulate the terms and conditions of employment for engineers employed by Helicopter Resources Pty Ltd. The parties are now bound by the terms of the agreement, and any disputes arising from it will be subject to the dispute resolution process outlined in the agreement.

Helicopter Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established