LifeFlight Australia Limited
[2024] FWCA 4522
•17 DECEMBER 2024
| [2024] FWCA 4522 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
LifeFlight Australia Limited
(AG2024/4524)
LIFEFLIGHT AUSTRALIA LIMITED ROTARY WING PILOTS' ENTERPRISE AGREEMENT 2024
| Ambulance and patient transport | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 17 DECEMBER 2024 |
Application for approval of the LifeFlight Australia Limited Rotary Wing Pilots' Enterprise Agreement 2024
LifeFlight Australia Limited (“LifeFlight”) has applied for approval of an enterprise agreement known as LifeFlight Australia Limited Rotary Wing Pilots’ Enterprise Agreement 2024 (“the Agreement”). The Application was made under s 185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
In its declaration in support of the application, LifeFlight states the notification time as “December 2022,” but does not give a specific date in December 2022. The employer was required to give the Notice of Employee Representational Rights (“NERR”) as soon as practicable, and not later than 14 days, after the notification time.[1] LifeFlight has declared that the Notice of Employee Representational Rights was given by email on 15 December 2022. A notice given on 15 December 2022 would not have been given later than fourteen days after any notification time in December 2022.
The NERR refers to the proposed agreement as LifeFlight Australia Limited Rotary Wing Pilots’ Enterprise Agreement. This differs very slightly from the agreement name in the application, in that “2024” is added to it. If this constitutes an error, it is a very minor one. If trifling, trivial errors are not an impediment to approving an agreement,[2] this would fall into that category.[3] In an abundance of caution I find that to the extent this is an error, it is a minor procedural or technical error, and I am satisfied that the employees were not likely to have been disadvantaged by it. Accordingly, I disregard it in reliance on s 188(5) of the Act.
LifeFlight has given two written undertakings in accordance with s 190 of the Act. These undertakings are attached as Annexure A to this decision. I observe that the Australian Federation of Air Pilots (“the AFAP”) is content with each undertaking. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
With the undertakings now given, and after having regard to the application and declarations filed in this matter, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The AFAP lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AFAP.
The Agreement is approved and will operate in accordance with s 54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Annexure A
[1] Fair Work Act 2009 (Cth) s 173.
[2] Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) v Shop, Distributive and Allied Employees Association[2018] FWCFB 2485; ALDI Foods Pty Limited as General Partner of ALDI Stores v Shop, Distributive and Allied Employees' Association [2019] FCAFC 35; 269 FCR 112.
[3] Compare Prosegur Australia Ltd [2016] FWCA 1327.
Printed by authority of the Commonwealth Government Printer
<AE527277 PR782526>
0
0
0