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

Annexure A

CaseChat Overview and Summary

The case involved Lloyd Helicopters Pty Ltd trading as CHC Helicopter (Australia) and several pilots employed by the company. The dispute centred on the application for the approval of the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2019-2020. The application was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues before the court encompassed whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it was genuinely negotiated, met the minimum standards of wages and conditions, and contained proper processes for future negotiations. The court also needed to determine if the agreement appropriately balanced the interests of the employers and the employees, and whether it had been made in good faith.

In deliberating on these issues, the commission carefully examined the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated between the parties, met all the statutory minimum standards, and contained adequate provisions for future negotiations. The commission concluded that the agreement fairly balanced the interests of the employers and employees and was made in good faith. Consequently, the commission approved the application for the agreement.

The final orders of the commission included the approval of the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2019-2020, which is now legally binding on the parties. The agreement will govern the terms and conditions of employment for the pilots for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established