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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), applied to the Fair Work Commission for approval of the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2020-2023. The application was contested by the Australian Services Union (ASU), representing the pilots employed by Lloyd Helicopters. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, with the ASU arguing that certain provisions were unfair or not in line with legislative standards.

The central legal issues before the Commission were whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions for pay rates, working conditions, and other employment terms. The Commission needed to determine if the agreement met the criteria for 'simplicity, fairness, and flexibility' as required by the legislation, and whether it provided for 'efficient, productive, and cooperative workplace relations.'

The Commission examined each contested provision in detail, considering the arguments from both parties. The Commission noted that the proposed agreement had undergone several amendments to address initial concerns raised by the ASU. The Commission found that while some provisions initially raised concerns, the overall agreement was fair and met the legislative standards. The Commission approved the agreement, noting the importance of the agreement in maintaining fair and productive workplace relations in the offshore helicopter industry.

The final orders of the Commission were that the CHC Helicopter (Australia) Pilots Offshore Enterprise Agreement 2020-2023 be approved as lodged, subject to the specific terms and conditions outlined in the decision. The Commission also directed that the agreement would be registered by the Registrar of the Fair Work Commission and that it would come into effect on the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established