DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Region SLSA Helicopter Rescue Service Ltd
(AG2015/3349)

HUNTER REGION RESCUE HELICOPTER ENGINEERING DEPARTMENT AGREEMENT NO. 2

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 AUGUST 2015

Application for approval of the Hunter Region Rescue Helicopter Engineering Department Agreement No.2.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Region Rescue Helicopter Engineering Department Agreement No.2 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Region SLSA Helicopter Rescue Service Ltd. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 13 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hunter Region SLSA Helicopter Rescue Service Limited sought approval for the Hunter Region Rescue Helicopter Engineering Department Agreement No. 2. This agreement was intended to govern the terms and conditions of employment for the engineers within the company's helicopter rescue service. The dispute centred on whether the agreement met the statutory requirements and whether it provided for appropriate protections for the employees.

The primary legal issues before the Commission involved the assessment of whether the agreement contained the necessary provisions to be considered a lawful and fair workplace instrument. This included determining whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections relating to the essential elements of an enterprise agreement. The Commission also had to consider whether the agreement provided adequate protections for the engineers in terms of wages, conditions of employment, and other relevant matters.

The Commission examined the terms of the proposed agreement and found that it included all the necessary components to be considered a valid enterprise agreement. The agreement addressed key aspects such as wages, working hours, leave provisions, and other employment conditions. The Commission determined that the agreement was fair and balanced, taking into account the needs and interests of both the employer and the employees. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act 2009. This decision ensures that the engineers within the Hunter Region SLSA Helicopter Rescue Service will be covered by a legally binding agreement that provides them with appropriate protections and sets out clear terms and conditions of their employment.

Hunter Region SLSA Helicopter Rescue Service Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established