DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hevilift Australia (Fixed Wing) Pty Ltd
(AG2019/4465)

HEVILIFT AUSTRALIA AIRCRAFT SPECIALIST ENTERPRISE AGREEMENT

Airline operations
COMMISSIONER WILSON	MELBOURNE, 20 FEBRUARY 2020

Application for approval of the HEVILIFT Australia Aircraft Specialist Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the HEVILIFT Australia Aircraft Specialist 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 and Hevilift Australia (Rotary Wing) Pty Ltd who are related bodies corporate. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2020. The nominal expiry date of the Agreement is 20 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hevilift Australia (Fixed Wing) Pty Ltd applied to the Fair Work Commission for approval of the HEVILIFT Australia Aircraft Specialist Enterprise Agreement. The application was opposed by the Australian Licensed Aircraft Mechanics Association, representing employees of Hevilift Australia. The dispute centred around the terms and conditions of employment within the agreement, particularly those related to working hours, overtime, and the classification of employees.

The primary legal issues before the Fair Work Commission were whether the terms of the proposed agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement adequately protected the rights of employees, including their entitlements to fair remuneration and reasonable working conditions. The opposition argued that the proposed conditions would unfairly disadvantage the employees by imposing excessive working hours and inadequate overtime pay.

In delivering its decision, the Fair Work Commission considered the broader context of the aviation industry, the nature of the work performed by the employees, and the financial viability of the company. The Commission concluded that the proposed agreement provided a fair and reasonable outcome for both the employees and the employer. The terms of the agreement were deemed to be in line with the legislative requirements, and the concerns raised by the opposition were addressed in a manner that balanced the interests of both parties. As a result, the application was approved, and the HEVILIFT Australia Aircraft Specialist Enterprise Agreement was certified as effective.

The Fair Work Commission's decision to approve the enterprise agreement sets a precedent for similar cases in the aviation industry and underscores the importance of reaching a fair balance between the rights of employees and the operational needs of employers. The final orders included the certification of the enterprise agreement, which now governs the terms and conditions of employment for the employees of Hevilift Australia.

Hevilift Australia (Fixed Wing) 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