LifeFlight Australia Limited

Case

[2022] FWCA 2382

19 JULY 2022


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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. 

  1. 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

<AE516691  PR743834>

Annexure A

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