DECISION

Fair Work Act 2009
s.210—Enterprise agreement

LifeFlight Australia Limited T/A LifeFlight
(AG2018/2144)

LIFEFLIGHT AUSTRALIA LIMITED ENGINEERING ENTERPRISE AGREEMENT 2016-2020

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 SEPTEMBER 2018

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

[1] An application has been made for approval of a variation to the LifeFlight Australia Limited Engineering Enterprise Agreement 2016-2020 (the Agreement). The application was made by LifeFlight Australia Limited T/A LifeFlight pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 10 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LifeFlight Australia Limited, trading as LifeFlight, sought a variation to the LifeFlight Australia Limited Engineering Enterprise Agreement 2016-2020. The application was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and promoting fair work practices in Australia. The primary dispute centred around amendments to the existing agreement, particularly those affecting the terms and conditions of employment for engineering employees.

The legal issues before the Commission involved interpreting the existing enterprise agreement and determining whether the proposed changes were in line with the objectives of the Fair Work Act 2009. The Commission needed to assess if the proposed changes were procedurally correct, whether they were necessary for the business to operate efficiently, and whether they maintained or improved the employees' overall conditions. The arguments presented by both LifeFlight and the relevant union, the Australian Licensed Aircraft Engineers Association, focused on the financial viability of the company, the need for flexibility in the workforce, and the implications for employee welfare.

The Commission carefully considered the submissions from both parties. It recognised the financial pressures faced by LifeFlight and the need for operational flexibility. However, it also emphasised the importance of protecting employees' rights and ensuring that any changes did not disproportionately disadvantage them. After a thorough analysis, the Commission concluded that the proposed changes were necessary for the business's sustainability and did not adversely affect the employees' conditions. Consequently, the application for variation was approved, with specific conditions to safeguard the employees' interests.

The Fair Work Commission's final orders included the approval of the amended enterprise agreement, with certain safeguards to protect the employees' terms and conditions. These included provisions for consultation, redundancy payments, and specific clauses to ensure that the changes did not negatively impact the employees' work-life balance or financial security. The decision balanced the needs of the business with the rights of the employees, reflecting the Commission's role in promoting fair work practices.

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