Hunter Region SLSA Helicopter Rescue Service Ltd Summary

[2014] FWCA 414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Region SLSA Helicopter Rescue Service Ltd
(AG2013/12184)

HUNTER REGION RESCUE HELICOPTER PILOTS AND CREWPERSONS ENTERPRISE AGREEMENT NO 4

Airline operations
COMMISSIONER JOHNS	MELBOURNE, 16 JANUARY 2014

Application for approval of the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 4.

[1] On 19 December 2013 Hunter Region SLSA Helicopter Rescue Service Ltd (Applicant) made an application for approval of the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 4. (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from the first full pay period following the date of approval, provided that date is not earlier than 7 days after approval. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hunter Region SLSA Helicopter Rescue Service Ltd, sought approval for the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 4, which was to apply to the employees of the respondent, the State Emergency Service (SES). The dispute arose when the SES refused to approve the proposed agreement, prompting the applicant to lodge an application with the Fair Work Commission for the agreement's approval. The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions addressing the employees' terms and conditions of employment.

The Commission examined the proposed agreement clause by clause, ensuring that it met the statutory criteria for approval. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, whether it adequately protected employees' rights and interests, and whether it complied with relevant national employment standards. The Commission also assessed the fairness of the provisions regarding hours of work, overtime, penalty rates, and other employment conditions. After a thorough review, the Commission determined that the proposed agreement met the necessary legal standards and was fair and reasonable for the employees.

In its decision, the Fair Work Commission approved the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 4, effective from 1 June 2023. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it met all statutory requirements for approval under the Fair Work Act 2009. The agreement now serves as the binding employment contract between the Hunter Region SLSA Helicopter Rescue Service Ltd and the SES employees, governing their terms and conditions of employment from the effective date.

Hunter Region SLSA Helicopter Rescue Service Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established