DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Australia Pty Ltd T/A CHC Helicopters Australia
(AG2018/234)

CHC HELICOPTERS (AUSTRALIA) PILOTS OFFSHORE ENTERPRISE AGREEMENT 2016-2019

Airline operations
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the CHC Helicopters (Australia) Pilots Offshore Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopters (Australia) Pilots Offshore Enterprise 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 Lloyd Helicopters Australia Pty Ltd T/A CHC Helicopters Australia. 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 Federation of Airline Pilots 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 21 June 2018. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lloyd Helicopters Australia Pty Ltd, trading as CHC Helicopters Australia, applied to the Fair Work Commission for approval of the CHC Helicopters (Australia) Pilots Offshore Enterprise Agreement 2016-2019. The application was opposed by the Australian Services Union. The primary dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009, particularly regarding the protection of employees' rights and interests. The Fair Work Commission was tasked with determining if the agreement complied with the requirements for fair and effective bargaining and if it adequately protected the rights and interests of the employees involved.

The central legal issue was whether the agreement satisfied the criteria for being a "direct agreement" under the Fair Work Act. This involved assessing if the agreement was genuinely negotiated and whether it provided adequate protections for the employees. The court needed to consider if the agreement met the standard of being fair and beneficial to the employees, and if it was made without coercion or undue influence. Additionally, the court examined whether the agreement provided for fair terms and conditions of employment, including provisions for pay, hours of work, and other employment-related matters.

The Fair Work Commission, after reviewing the submissions from both parties, concluded that the agreement was a genuine direct agreement that met the statutory requirements for approval. The Commission found that the agreement provided fair and beneficial terms and conditions of employment for the employees and that it was negotiated in good faith. The Commission also determined that the agreement did not disadvantage the employees and provided adequate protections for their rights and interests. Consequently, the Commission approved the CHC Helicopters (Australia) Pilots Offshore Enterprise Agreement 2016-2019. The Commission's decision was based on the evidence presented and its assessment of the agreement's compliance with the Fair Work Act.

Lloyd Helicopters Australia Pty Ltd T/A CHC Helicopters Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established