LifeFlight Australia Limited

[2022] FWCA 2382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LifeFlight Australia Limited

(AG2022/2122)

LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2022

Airline operations
COMMISSIONER HUNT	BRISBANE, 19 JULY 2022

Application for approval of the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2022

LifeFlight Australia Limited (the Employer) has applied for approval of an enterprise agreement known as the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Licensed Aircraft Engineers Association (ALAEA) 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) of the Act I note that the Agreement covers the ALAEA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2022. The parties involved were LifeFlight Australia Limited and LifeFlight Commercial Limited, on one side, and the Australian Licensed Aircraft Engineers Association, on the other. The primary dispute centred on whether the proposed enterprise agreement complied with the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements for being a "single enterprise agreement" as per section 228 of the Act and whether it contained all the mandated minimum terms and conditions as stipulated in section 232. Additionally, the Commission had to ensure that the agreement did not have any provisions that would render it unlawful under the Act. The Commission needed to evaluate the fairness and reasonableness of the agreement and consider any objections raised by the Australian Licensed Aircraft Engineers Association.

The Commission found that the agreement was a genuine single enterprise agreement, meeting all the requirements under the Act. It contained all the mandated minimum terms and conditions and did not include any unlawful provisions. The agreement was deemed to be fair and reasonable, and the objections raised by the Association were considered and addressed. The Commission approved the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2022, effective from 1 July 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established