Lloyd Helicopters Pty Ltd T/A CHC Helicopter

[2024] FWCA 1051

[2024] FWCA 1051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lloyd Helicopters Pty Ltd T/A CHC Helicopter

(AG2024/733)

CHC HELICOPTER (AUSTRALIA) PILOTS OFFSHORE ENTERPRISE AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT O'KEEFFE	PERTH, 25 MARCH 2024

Application for approval of the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2023 (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 Pty Ltd T/A CHC Helicopter (the Applicant). The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 21 November 2022 and the Agreement was made on 28 February 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Federation of Air Pilots (the AFAP), who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.

1. The Agreement does not contain a model flexibility term compliant with the Act. 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.

1. The Australian Federation of Air Pilots (the AFAP) 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 AFAP.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2024. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

<AE523941  PR772704>