DECISION

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

LifeFlight Australia Limited T/A LifeFlight
(AG2016/5797)

LIFEFLIGHT AUSTRALIA LIMITED AND ROTARY WINGS PILOTS CERTIFIED AGREEMENT 2016-2019

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 7 NOVEMBER 2016

Application for approval of the LifeFlight Australia Limited and Rotary Wing Pilots Certified Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the LifeFlight Australia Limited and Rotary Wing Pilots Certified Agreement 2016 - 2019(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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Federation of Air Pilots (AFAP) 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LifeFlight Australia Limited T/A LifeFlight, the applicant, sought approval of the LifeFlight Australia Limited and Rotary Wing Pilots Certified Agreement 2016 - 2019 from the Fair Work Commission. The agreement was proposed to govern the terms and conditions of employment for rotary wing pilots employed by LifeFlight Australia. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved by the Commission. The primary legal issues the Commission needed to address were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive requirements of the Fair Work Act, and if the agreement provided adequate protections and benefits for the employees.

The Fair Work Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the employer and the employees. The Commission considered if the agreement covered all essential terms and conditions, including wages and conditions, and whether it provided fair and reasonable outcomes for the employees. The Commission also assessed if the agreement met the statutory requirements for approval, such as ensuring that the agreement did not undermine the protections provided by the National Employment Standards and the safety provisions of the Fair Work Act. The Commission found that the agreement had been genuinely bargained, covered all essential terms and conditions, and provided fair and reasonable outcomes for the employees. It also found that the agreement did not undermine the statutory protections and met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the LifeFlight Australia Limited and Rotary Wing Pilots Certified Agreement 2016 - 2019. The Commission determined that the agreement was a genuine enterprise agreement and complied with the procedural and substantive requirements of the Fair Work Act. The Commission found that the agreement provided adequate protections and benefits for the employees and met the statutory requirements for approval. The Commission approved the agreement, which will now be the governing document for the terms and conditions of employment for the rotary wing pilots employed by LifeFlight Australia for the period 2016 - 2019.

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