DECISION

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

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2021/4543)

CHC HELICOPTERS (AUSTRALIA) CREWPERSON ENTERPRISE AGREEMENT 2020 - 2023

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 APRIL 2021

Application for approval of the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2020 - 2023.

[1] Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) has made an application for the approval of an enterprise agreement known as the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2020 - 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 22 April 2021 and, in accordance with s 54, will operate from 29 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Lloyd Helicopters Pty Ltd trading as CHC Helicopters (Australia), the company applied for the approval of the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2020 - 2023. The application was heard in the Fair Work Commission. The primary dispute centred on the fairness and validity of the proposed enterprise agreement which aimed to regulate the terms and conditions of employment for crewpersons within the company. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith.

The legal issues before the Commission involved assessing whether the agreement met the criteria for procedural fairness and substantive fairness. Procedurally, the Commission had to consider whether the company had followed appropriate consultation processes and whether employees had an adequate opportunity to be involved in the negotiation process. Substantively, the Commission had to determine if the terms of the agreement were fair and reasonable, taking into account factors such as the economic circumstances of the parties, the nature of the industry, and the rights and obligations of employees under the Fair Work Act.

The Commission found that the company had engaged in genuine consultation and negotiation processes, and that the proposed agreement was fair and reasonable. The company had demonstrated a commitment to addressing the needs of its employees and had provided comprehensive evidence to support the fairness of the proposed terms. The Commission approved the enterprise agreement, noting that it provided for fair and reasonable terms and conditions of employment that were appropriate for the crewpersons within the company.

The final orders of the Commission included the approval of the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2020 - 2023, effective from the date of the decision. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

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