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

[2021] FWCA 3761

[2021] FWCA 3761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2021/5678)

CHC HELICOPTER (AUSTRALIA) PILOTS OFFSHORE ENTERPRISE AGREEMENT 2020-2023

Airline operations
COMMISSIONER PLATT	ADELAIDE, 30 JUNE 2021

Application for approval of the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 June 2021.

[3] On 29 June 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 30 June 2021. The undertaking deals with the following topics:

•  In respect of clause 26.2, an employee shall have a choice of superannuation funds consistent with the obligations imposed by the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020.

•  In respect of Appendix 1, Work Practices, the National Employment Standards (NES) at s.62 of the Act applies in that where a Work Practice applies, for its state roster duration, the employer will not request nor require an employee to work more than an average of 38 hours a week unless the additional hours are reasonable.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 April 2023.

COMMISSIONER

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