Lloyd Helicopters Pty Ltd T/A Chc Helicopter (Australia)

[2022] FWCA 3669

[2022] FWCA 3669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A Chc Helicopter (Australia)

(AG2022/4148)

Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) Ground Crew Enterprise Agreement 2022

Airline operations
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2022

Application for approval of the Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) Ground Crew Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) Ground Crew Enterprise Agreement 2022 (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 (Australia) Ground Crew Enterprise Agreement 2022 (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The Transport Workers’ Union, WA Branch (TWUWA), 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 TWUWA.

1. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 27 October 2024.

COMMISSIONER

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<AE517870  PR747050>