DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Region SLSA Helicopter Rescue Service Ltd T/A Westpac Rescue Helicopter Service
(AG2016/1282)

HUNTER REGION RESCUE HELICOPTER PILOTS AND CREWPERSONS ENTERPRISE AGREEMENT NO. 5

Airline operations
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 5.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 5 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Region SLSA Helicopter Rescue Service Ltd T/A Westpac Rescue Helicopter Service. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 5 was the subject of an application for approval brought by the Fair Work Commission. The applicant, Hunter Region SLSA Helicopter Rescue Service Ltd, trading as Westpac Rescue Helicopter Service, sought to have the enterprise agreement, which it had entered into with its employees, recognised and approved by the Commission. The dispute centred around the terms and conditions of employment, including wages, working hours, and other related matters, as stipulated in the agreement.

The legal issues before the Fair Work Commission were whether the enterprise agreement complied with the relevant legislative requirements and whether it was made in good faith and without coercion. The Commission had to consider whether the agreement met the necessary standards set out in the Fair Work Act 2009, including the provisions that ensure fair and effective bargaining. The Commission also needed to assess whether the agreement provided for a fair and efficient workplace, as well as whether it allowed for the resolution of disputes in a manner that was just and equitable for both parties.

The Fair Work Commission found that the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 5 was made in good faith, without coercion, and met the necessary legislative requirements. The Commission was satisfied that the agreement provided for a fair and efficient workplace and allowed for the resolution of disputes in a manner that was just and equitable for both parties. As a result, the Commission approved the enterprise agreement, which would now be legally binding on both the employer and the employees.

The Fair Work Commission approved the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 5, and it will now be legally binding on both the employer and the employees. The terms and conditions of employment, as outlined in the agreement, will apply to the parties, and any disputes arising from the agreement will be resolved in accordance with the provisions of the Fair Work Act 2009.

Hunter Region SLSA Helicopter Rescue Service Ltd T/A Westpac Rescue Helicopter Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established