DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LifeFlight Australia Limited
(AG2021/4827)

LIFEFLIGHT AUSTRALIA LIMITED & LIFEFLIGHT COMMERCIAL LIMITED ROTARY WING ENGINEERING ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 6 MAY 2021

Application for approval of the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LifeFlight Australia Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Licensed Aircraft Engineers Association 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 13 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LifeFlight Australia Limited was involved in a dispute with its employees represented by the Australian Licensed Aircraft Engineers Association. The dispute centred around the proposed Rotary Wing Engineering Enterprise Agreement 2021. The case was heard by the Fair Work Commission, which is responsible for handling such industrial disputes in Australia.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections dealing with the terms and conditions of employment. This included examining if the agreement complied with the "better-off-overall test", which mandates that employees must be no worse off financially under the new agreement than they were under their previous conditions. The Commission also needed to assess if the agreement was fairly negotiated and contained necessary provisions for employee protection and workplace health and safety.

The Commission deliberated on the submissions made by both parties, considering the nature of the work, the specific terms of the proposed agreement, and the broader context of the aviation industry. After thorough analysis, the Commission found that the proposed agreement was fair and met the statutory requirements. The agreement was approved, ensuring that employees would receive fair compensation and benefits while also allowing LifeFlight Australia Limited to operate efficiently.

As a result of the decision, the Fair Work Commission issued an order approving the Rotary Wing Engineering Enterprise Agreement 2021. This order is legally binding and will govern the employment conditions of the affected employees from the specified commencement date.

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