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

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) applied for approval of the Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) Ground Crew Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements in Australia. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it fairly represented the interests of the ground crew employees.

The legal issues the court had to resolve included whether the agreement adequately provided for the employees' minimum entitlements, whether it contained appropriate dispute resolution mechanisms, and if the agreement had been genuinely negotiated between the employer and the employees. Additionally, the court needed to assess whether the agreement allowed for fair and effective consultation between the parties.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement, the negotiation process, and the outcomes for the employees. The Commission found that the agreement met the statutory requirements and appropriately safeguarded the employees' minimum entitlements. The dispute resolution mechanisms were deemed fair and accessible, and the negotiation process was found to be genuine. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable enterprise agreement for the ground crew employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established