LifeFlight Australia Limited Summary

[2025] FWCA 925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LifeFlight Australia Limited

(AG2025/449)

LIFEFLIGHT AUSTRALIA LIMITED ROTARY WINGAIRCREW OFFICER CERTIFIED AGREEMENT 2025

Airline operations
DEPUTY PRESIDENT DOBSON	BRISBANE, 17 MARCH 2025

Application for approval of the LifeFlight Australia Limited Rotary WingAircrew Officer Certified Agreement 2025

This decision deals with an application made for approval of an enterprise agreement known as the LifeFlight Australia Limited Rotary WingAircrew Officer Certified Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by LifeFlight Australia Limited (the Applicant). The Agreement is a single-enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act, from 24 March 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, LifeFlight Australia Limited sought approval for a new certified agreement that would govern the terms and conditions of employment for its rotary wing aircrew officers. The dispute arose from negotiations between LifeFlight and the Australian and International Pilots Association (AIPA), which represented the aircrew officers. The Commission was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural requirements set out in the Act, and whether it contained terms that were procedurally unfair or otherwise contrary to public policy. The Commission had to consider the AIPA's objections to specific terms in the agreement, as well as LifeFlight's arguments in support of the proposed terms. The Commission also had to determine whether the agreement provided fair and reasonable terms and conditions for the aircrew officers, and whether it met the criteria for being a "single interest employer agreement" as defined in the Act.

After carefully reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the necessary procedural requirements and contained fair and reasonable terms for the aircrew officers. The Commission rejected the AIPA's objections to specific terms in the agreement, finding that they were not procedurally unfair or contrary to public policy. The Commission also found that the agreement met the criteria for being a single interest employer agreement, as it covered only the aircrew officers employed by LifeFlight. Accordingly, the Commission approved the proposed agreement.

The Commission's decision was that the LifeFlight Australia Limited Rotary Wing Aircrew Officer Certified Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the rotary wing aircrew officers employed by LifeFlight, subject to any further variations or amendments that may be necessary in the future.

LifeFlight Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established