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

[2019] FWCA 6310

[2019] FWCA 6310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia)
(AG2019/2700)

CHC HELICOPTER (AUSTRALIA) PILOTS OFFSHORE ENTERPRISE AGREEMENT 2019-2020

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 SEPTEMBER 2019

Application for approval of the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2019-2020 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] 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.

[6] The Australian Federation of Air Pilots (the organisation)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), and based on the statutory declaration provided by the organisation(s), I note that the Agreement covers the organisation.

[7] The Agreement was approved on 18 September 2019 and, in accordance with s 54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505223  PR712232>

Annexure A