DECISION

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

Hevilift Australia (Fixed Wing) Pty Ltd T/A Hevilift
(AG2019/477)

HEVILIFT AUSTRALIA (FIXED WING) AIRCREW OFFICER ENTERPRISE AGREEMENT

Airline operations
COMMISSIONER SPENCER	BRISBANE, 13 JUNE 2019

Application for approval of the HEVILIFT Australia (Fixed Wing) Aircrew Officer Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hevilift Australia (Fixed Wing) Aircrew Officer Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hevilift Australia (Fixed Wing) Pty Ltd T/A Hevilift (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 20 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hevilift Australia (Fixed Wing) Pty Ltd, trading as Hevilift, and the Australian Council of Trade Unions, seeking approval of the Hevilift Australia (Fixed Wing) Aircrew Officer Enterprise Agreement. The dispute centred on the fairness and appropriateness of the terms and conditions proposed in the agreement, which was intended to govern the employment of aircrew officers within the company. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the statutory requirements under the Fair Work Act. Specifically, the Commission needed to assess if the agreement included minimum terms and conditions as stipulated by the Act, whether it covered all essential fairness matters, and if it was made without undue pressure or coercion. Additionally, the Commission examined the process through which the agreement was negotiated and the extent to which it represented the interests of the employees.

In making its decision, the Commission examined the content of the proposed agreement and the negotiation process. The Commission found that the agreement contained terms that were fair and reasonable, covering all the essential fairness matters required by law. It was noted that the agreement provided for minimum terms and conditions as stipulated by the Fair Work Act and was negotiated in good faith. The Commission also considered the views of the parties and the employees, and was satisfied that the agreement was made without undue pressure or coercion. Consequently, the Commission approved the Hevilift Australia (Fixed Wing) Aircrew Officer Enterprise Agreement, determining that it met all the necessary legal requirements and was in the best interests of the employees.

The final orders of the Commission were that the Hevilift Australia (Fixed Wing) Aircrew Officer Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty and clarity to both Hevilift and its employees regarding the terms and conditions of employment, ensuring compliance with the statutory framework and promoting a fair and productive workplace.

Hevilift Australia (Fixed Wing) Pty Ltd T/A Hevilift

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established