DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia)
(AG2019/1700)

LLOYD HELICOPTERS PTY LTD T/A CHC HELICOPTER (AUSTRALIA) GROUND CREW ENTERPRISE AGREEMENT 2019-2022

Airline operations
COMMISSIONER WILLIAMS	PERTH, 5 AUGUST 2019

Application for approval of the Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) Ground Crew Enterprise Agreement 2019-2022.

[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 2019-2022 (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). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers' Union of Australia 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 30 April 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lloyd Helicopters Pty Ltd trading as CHC Helicopter (Australia), applied for the approval of the Ground Crew Enterprise Agreement 2019-2022. The applicant argued that the agreement was made under the Fair Work Act 2009 and should be registered. The applicant sought orders approving the agreement and preventing the Fair Work Commission from taking any action to terminate the agreement. The dispute was heard in the Fair Work Commission.

The primary legal issue before the court was whether the Ground Crew Enterprise Agreement 2019-2022 was a valid agreement under the Fair Work Act 2009. The court had to consider whether the agreement was made in good faith and whether it provided for appropriate mechanisms for resolving disputes. The court also had to consider whether the agreement was consistent with the principles of the Act, including the principles of fairness and flexibility.

The court found that the agreement was made in good faith and provided for appropriate mechanisms for resolving disputes. The court also found that the agreement was consistent with the principles of the Fair Work Act 2009. The court noted that the agreement provided for a fair and flexible framework for resolving disputes and provided for appropriate mechanisms for resolving disputes. The court was satisfied that the agreement met the requirements of the Act and should be approved.

The court approved the Ground Crew Enterprise Agreement 2019-2022 and ordered that it be registered under the Fair Work Act 2009. The court also ordered that the Fair Work Commission be prevented from taking any action to terminate the agreement.

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

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Legal Principle Established