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

[2021] FWCA 5315

[2021] FWCA 5315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2021/6624)

CHC HELICOPTERS (AUSTRALIA) PILOTS ONSHORE ENTERPRISE AGREEMENT 2021 - 2024

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 AUGUST 2021

Application for approval of the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2021 - 2024 (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 Helicopters (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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512891  PR733250>

Annexure A