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

[2017] FWCA 2048

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/861)

CHC Helicopter (Australia) Pilots Onshore Enterprise Agreement 2017 - 2019

Airline operations
COMMISSIONER LEE	HOBART, 11 APRIL 2017

Application for approval of the CHC Helicopter (Australia) Pilots Onshore Enterprise Agreement 2017 - 2019.

An application has been made for approval of an enterprise agreement known as the CHC Helicopter (Australia) Pilots Onshore Enterprise Agreement 2017 - 2019 (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.

The Applicant 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.

Subject to the undertakings referred to above, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Federation of Air Pilots 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2017. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd, trading as CHC Helicopter (Australia) (the applicant) sought approval of the CHC Helicopter (Australia) Pilots Onshore Enterprise Agreement 2017 - 2019. The applicant argued that the agreement was in the best interests of the employees, and the Fair Work Commission (the Commission) should make an order approving the agreement. The matter was heard in the Fair Work Commission.

The legal issues for the Commission to decide were whether the agreement met the statutory requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it was in the best interests of the employees. The Commission had to consider whether the agreement was appropriately formed, whether it was certified as a single interest enterprise agreement, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission held that the agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement was appropriately formed and certified as a single interest enterprise agreement. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it was an improvement on the terms and conditions that would have applied under the relevant industrial instrument. The Commission approved the agreement, and an order was made accordingly.

The Fair Work Commission made an order approving the CHC Helicopter (Australia) Pilots Onshore Enterprise Agreement 2017 - 2019. The order was made on 12 December 2017.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established