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

[2014] FWCA 291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2013/12261)

CHC HELICOPTERS (AUSTRALIA) PILOTS ENTERPRISE AGREEMENT 2013-2016

Airline operations
COMMISSIONER CLOGHAN	PERTH, 14 JANUARY 2014

Application for approval of the CHC Helicopters (Australia) Pilots Enterprise Agreement 2013-2016.

[1] On 27 December 2013, Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) made application for approval of a single enterprise agreement to be known as the CHC Helicopters (Australia) Pilots Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 16 December 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Federation of Air Pilots (AFAP) has declared that the AFAP was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AFAP supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AFAP has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 January 2014.

[7] The nominal expiry date of this Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) was the subject of an application for approval of the CHC Helicopters (Australia) Pilots Enterprise Agreement 2013-2016, which was heard by the Fair Work Commission. The applicant, Lloyd Helicopters, sought to approve the agreement for its pilots, which had been negotiated between the union and the employer. The dispute centred on the terms and conditions of employment, particularly those related to rostering, overtime, and rest periods.

The legal issues before the Commission involved determining whether the agreement was in the best interests of the pilots and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to assess if the agreement provided fair and reasonable terms for the employees and whether it adhered to the principles of procedural fairness and substantive fairness. Furthermore, the Commission examined whether the agreement met the requirements for good faith bargaining and if it promoted harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement met the necessary standards for approval. It determined that the terms and conditions of employment were fair and reasonable, taking into account the specific nature of the pilots' work and the need for flexibility in scheduling. The Commission also concluded that the agreement promoted harmonious, productive, and cooperative workplace relations and was consistent with the principles of procedural and substantive fairness. As a result, the Commission approved the CHC Helicopters (Australia) Pilots Enterprise Agreement 2013-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established