LifeFlight Australia Limited Summary

[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

CaseChat Overview and Summary

LifeFlight Australia Limited sought approval of its proposed 2024 Enterprise Agreement for Rotary Wing Pilots. The matter was determined by the Fair Work Commission, which must decide whether the agreement is appropriate for endorsement. The dispute involved the terms of the proposed agreement, which LifeFlight Australia Limited sought to implement for its rotary wing pilots. The pilots, represented by their union, raised concerns about various provisions of the agreement, including pay rates, working conditions, and dispute resolution mechanisms. The central legal issue was whether the agreement met the requirements for endorsement under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, covered the relevant terms and conditions, and provided for the resolution of disputes in an appropriate manner.

The Commission considered the arguments presented by both parties, including evidence and submissions on the impact of the proposed agreement on the pilots' terms and conditions of employment. The Commission also examined the nature of the work performed by the pilots, the skills and qualifications required, and the competitive employment market. It was noted that the proposed agreement included provisions for pay rates, conditions of employment, and dispute resolution mechanisms. After carefully reviewing the evidence and submissions, the Commission concluded that the agreement was in the best interests of the pilots, as it provided for fair and reasonable terms and conditions of employment. The Commission found that the proposed agreement covered all necessary terms and conditions and provided appropriate mechanisms for the resolution of disputes.

In its decision, the Commission approved the proposed agreement, subject to certain conditions. The Commission emphasised the importance of ongoing consultation and negotiation between LifeFlight Australia Limited and the union to ensure the agreement remained fair and reasonable. The final orders of the Commission included the approval of the proposed agreement, subject to the specified conditions, and the requirement for ongoing consultation between the parties. This decision provides clarity and certainty for both LifeFlight Australia Limited and its rotary wing pilots, ensuring that the agreement is fair and reasonable and meets the requirements of the Fair Work Act 2009.

LifeFlight Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established