DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

LifeFlight Australia Limited T/A LifeFlight
(AG2017/6395)

LIFEFLIGHT AUSTRALIA LIMITED ENGINEERING ENTERPRISE AGREEMENT 2016-2020

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 29 JANUARY 2018

Application for approval of the LifeFlight Australia Limited Engineering Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the LifeFlight Australia Limited Engineering Enterprise Agreement 2016 - 2020 (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 T/A LifeFlight. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LifeFlight Australia Limited, trading as LifeFlight, applied for the approval of its Engineering Enterprise Agreement 2016 - 2020. The application was heard in the Fair Work Commission, where the dispute centred around the proposed terms and conditions of employment for the engineering staff of LifeFlight.

The legal issues that arose involved the fairness of the proposed agreement under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the requirements for "genuine agreement" and whether it was in the "best interests" of the employees. The court also had to ensure that the agreement did not undermine the "no disadvantage test," which requires that employees not be worse off under the new agreement compared to their previous conditions.

The Fair Work Commission found that the proposed agreement was fair and met all legislative requirements. The court concluded that there had been genuine bargaining between the parties and that the agreement was in the best interests of the employees. The commission was satisfied that the agreement did not disadvantage the employees and was consistent with the principles of the Fair Work Act. Consequently, the court approved the LifeFlight Australia Limited Engineering Enterprise Agreement 2016 - 2020.

LifeFlight Australia Limited T/A LifeFlight

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established