LifeFlight Australia Limited

[2021] FWCA 4467

[2021] FWCA 4467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LifeFlight Australia Limited
(AG2021/6141)

LIFEFLIGHT AUSTRALIA LIMITED ROTARY WING PILOTS' ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER O'NEILL	MELBOURNE, 30 JULY 2021

Application for approval of the LifeFlight Australia Limited Rotary Wing Pilots' Enterprise Agreement 2021.

[1] LifeFlight Australia Limited has applied for approval of an enterprise agreement known as the LifeFlight Australia Limited Rotary Wing Pilots’ Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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.

[4] The Australian Federation of Air Pilots, 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) I note that the Agreement covers the organisation.

[5] I observe that clause 31.1.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Based on further information provided by the AFAP and the Employer on 23 and 30 July 2021 respectively, I am also satisfied that employees received a copy of the Notice of Employee Representational Rights no later than 14 days after notification time in accordance with s.173(3) of the Act.

 [7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A