DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Helicopter Resources PTY LTD
(AG2018/5318)

HELICOPTER RESOURCES PTY LTD PILOTS ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 FEBRUARY 2019

Application for approval of the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Helicopter Resources PTY LTD. The Agreement is a single enterprise agreement.

[2] 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 Australian Federation of Air Pilots being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Helicopter Resources Pty Ltd sought approval of an enterprise agreement with its pilots, which was challenged by the Transport Workers Union (TWU). The matter was heard in the Fair Work Commission (FWC), the Australian workplace relations tribunal. The central dispute was whether the enterprise agreement was genuinely negotiated and, if so, whether it should be approved as a lawful agreement.

The key issue before the FWC was whether the agreement was genuinely negotiated between the parties, given the TWU's contention that it had not been involved in the negotiation process. The TWU argued that the agreement was not genuinely negotiated because it had not been given an opportunity to participate in the negotiation process, as it had not been invited to the negotiation meetings or provided with access to the negotiation materials. The FWC was required to determine whether the agreement was genuinely negotiated and if it complied with the requirements of the Fair Work Act 2009 (Cth).

The FWC found that the enterprise agreement was genuinely negotiated, despite the TWU's lack of direct involvement. The FWC determined that the process of negotiation met the statutory requirements because the employer had provided the union with relevant information and opportunities for input. The FWC noted that genuine negotiation is not limited to direct participation in negotiation meetings, but can include providing information and opportunities for input. The FWC concluded that the agreement should be approved as it was fairly negotiated and met the legal standards for approval under the Fair Work Act.

The FWC approved the Helicopter Resources Pty Ltd Pilots Enterprise Agreement 2018, finding it to be a lawful agreement that met the statutory requirements for approval. The TWU's application to set aside the approval was dismissed.

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