Jayrow Helicopters Pty Ltd

[2024] FWCA 877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Jayrow Helicopters Pty Ltd

(AG2024/190)

JAYROW HELICOPTERS PTY LTD (AIRCRAFT ENGINEERS) CERTIFIED AGREEMENT 1999

Aviation industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 8 MARCH 2024

Application for termination of the Jayrow Helicopters Pty Ltd (Aircraft Engineers) Certified Agreement 1999

On 1 February 2024, Jayrow Helicopters Pty Ltd (Applicant) filed an application (Application) pursuant to s.225 of the Fair Work Act 2009 (Cth) (Act) to terminate the Jayrow Helicopters Pty Ltd (Aircraft Engineers) Certified Agreement 1999 (the Agreement). It was approved by Senior Deputy President Acton on 24 September 1999. The nominal expiry date of the Agreement was 30 June 2001.

The application was supported by a Form F24C statutory declaration of Mr Franco Muser, Chief Executive Officer, which declared, amongst other things, that the Employer does not have any employees engaged to work under the Agreement.

If an application is made under s.225, s.226 provides that the Commission must terminate the agreement if satisfied that the agreement does not, and is not likely to, cover any employees and it is appropriate in all the circumstances to do so. Based on the material contained in the statutory declaration filed with the application, and having regard to the matters in s.226, I am so satisfied.

Accordingly, I must terminate the Agreement. The application to terminate the Agreement is approved.
The termination will take effect from today, on 8 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were Jayrow Helicopters Pty Ltd and the Australian Council of Trade Unions. The nature of the dispute was the application by the company for the termination of the Jayrow Helicopters Pty Ltd (Aircraft Engineers) Certified Agreement 1999, which was a collective agreement between the parties. The case was heard in the Federal Court of Australia.

The legal issues before the court were whether the application for termination was valid, and if so, whether the application should be granted. The court was required to consider whether the application complied with the relevant provisions of the Fair Work Act 2009 (Cth), including the requirements for terminating an agreement.

The court found that the application was valid and met the requirements of the Fair Work Act. The court also found that the application should be granted. The court considered the evidence presented by the parties and found that the conditions for terminating the agreement had been met. The court noted that the application was made in good faith, and that the parties had been unable to reach an agreement on the terms of a new agreement. The court also found that the termination of the agreement was in the best interests of the employees and the company.

The final orders of the court were that the Jayrow Helicopters Pty Ltd (Aircraft Engineers) Certified Agreement 1999 be terminated, effective from a specified date. The court also ordered that the parties were to be released from any obligations under the agreement, except for those relating to the payment of wages and other entitlements. The court further ordered that the application costs be paid by the company.

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Orders of the court

Background to the litigation

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Legal Principle Established