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

[2018] FWCA 925

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/5442)

Hevilift Australia (Rotary Wing) Enterprise Agreement

Airline operations
Commissioner Lee	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Hevilift Australia (Rotary Wing) Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Hevilift Australia (Rotary Wing) 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 (Rotary Wing) Pty Ltd T/A Hevilift. The Agreement is a single enterprise agreement.

The Applicant 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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 11 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hevilift Australia (Rotary Wing) Pty Ltd, trading as Hevilift, applied to the Fair Work Commission for approval of an enterprise agreement. The respondents, including the Australian Licensed Aircraft Mechanics Association and other unions, contested the application. The crux of the dispute lay in the terms of the proposed agreement, specifically regarding the classification and pay rates of employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the fairness and efficacy of the proposed enterprise agreement. It was necessary to assess whether the agreement provided for the employees' pay and conditions in a manner that was procedurally and substantively fair. The Commission had to consider if the agreement complied with the requirements of the Fair Work Act, particularly in terms of the process by which the agreement was made and its substantive provisions. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and whether it provided a safety net of minimum terms and conditions.

The Commission found that the process by which the agreement was made was procedurally fair. It concluded that the agreement contained provisions that were both procedurally and substantively fair. The Commission was satisfied that the agreement provided for the employees' pay and conditions in a manner that met the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the employees, as it provided a safety net of minimum terms and conditions and was not detrimental to the employees. The Commission approved the enterprise agreement, finding it to be fair and effective in meeting the needs of the parties involved.

The Fair Work Commission approved the Hevilift Australia (Rotary Wing) Enterprise Agreement, recognising it as fair and effective. This decision sets a precedent for future enterprise agreements within the industry, emphasising the importance of both procedural and substantive fairness. The approval underscores the Commission's commitment to ensuring that enterprise agreements are beneficial to employees while also meeting the broader objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established