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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by LifeFlight Australia Limited for the approval of the LifeFlight Australia Limited Rotary Wing Pilots' Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment for the pilots, specifically addressing their pay rates, conditions, and other work-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement was appropriate for its purposes and complied with the relevant legislative framework.

The legal issues before the Commission were primarily concerned with whether the agreement was made in good faith and whether it adhered to the criteria set out in the Fair Work Act 2009. The Commission needed to assess if the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable award or registered agreement, and whether it met the "better off overall test". Additionally, the Commission had to consider if the agreement had been made without coercion, undue influence, or any other unfair practices.

The Commission examined the evidence presented by both parties and the content of the proposed agreement. It considered the submissions made by LifeFlight Australia Limited regarding the necessity of the proposed changes to ensure the financial sustainability of the organisation and the pilots' agreement to the terms. After evaluating the evidence and arguments, the Commission determined that the agreement was made in good faith and met the statutory requirements. The Commission approved the LifeFlight Australia Limited Rotary Wing Pilots' Enterprise Agreement 2021, finding that it was appropriate for its purposes and compliant with the Fair Work Act 2009.

The final orders of the Commission were that the LifeFlight Australia Limited Rotary Wing Pilots' Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the pilots employed by LifeFlight Australia Limited.

LifeFlight Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established