DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LifeFlight Australia Limited T/A LifeFlight
(AG2017/4954)

LIFEFLIGHT AUSTRALIA LIMITED AND ROTARY WING AIRCREW OFFICER CERTIFIED AGREEMENT

Airline operations
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the LifeFlight Australia Limited and Rotary Wing Aircrew Officer Certified Agreement.

[1] An application has been made for approval of an enterprise agreement known as the LifeFlight Australia Limited and Rotary Wing Aircrew Officer Certified Agreement (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] 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.

[5] The United Voice Union 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 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of an agreement between LifeFlight Australia Limited and the Rotary Wing Aircrew Officers’ Union. The dispute centred around the terms and conditions of employment for the aircrew officers, including issues such as wages, working hours, and other employment-related matters. The case was heard in the Fair Work Commission of Australia, which has jurisdiction over matters relating to workplace relations and industrial disputes.

The central legal issues revolved around whether the proposed agreement was a genuine enterprise agreement and whether it complied with the Fair Work Act 2009. The Commission had to consider if the agreement had been made in good faith and if it covered the necessary matters for an enterprise agreement. Additionally, the Commission needed to assess whether the agreement was free from any illegality or improper conduct and whether it met the requirements for simplicity and accessibility as outlined in the Fair Work Act.

The Fair Work Commission examined the evidence presented by both parties and reviewed the proposed agreement. The Commission concluded that the agreement was made in good faith and covered the necessary matters for an enterprise agreement. The Commission found that the agreement was not illegal and was free from any improper conduct. Furthermore, the Commission determined that the agreement was simple and accessible, meeting the statutory requirements. Consequently, the Commission approved the LifeFlight Australia Limited and Rotary Wing Aircrew Officer Certified Agreement.

The final orders of the Fair Work Commission approved the agreement and directed that it be registered with the Commission. The agreement was to be in effect from the date of registration, binding both LifeFlight Australia Limited and the Rotary Wing Aircrew Officers’ Union. The decision ensured that the terms of the agreement would govern the employment conditions of the aircrew officers, providing a framework for their working relationship moving forward.

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