DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2021/268)

CHC HELICOPTERS (AUSTRALIA) AMWU & ALAEA AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2020 - 2022

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2021

Application for approval of the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2020-2022.

[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) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2020-2022 (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 model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Licenced Aircraft Engineers Association (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[7] The Agreement was approved on 15 March 2021 and, in accordance with s 54, will operate from 22 March 2021. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), applied for approval of their Aircraft Engineers Enterprise Agreement 2020-2022 under the Fair Work Act 2009. The Australian Manufacturing Workers' Union and the Australian Licensed Aircraft Engineers Association were the unions involved, and the application was heard by the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with the statutory requirements for employee representation and the procedural fairness of the negotiation process.

The court had to determine if the agreement was made in accordance with the relevant provisions of the Fair Work Act. This included assessing whether the union representatives had the appropriate authority to negotiate the agreement on behalf of the employees and whether the negotiation process was conducted fairly and in good faith. Additionally, the court examined if the agreement provided adequate terms and conditions that met the statutory minimum standards, including pay and conditions for the employees.

The Fair Work Commission found that the Aircraft Engineers Enterprise Agreement 2020-2022 was properly negotiated and approved. The union representatives had the requisite authority, and the negotiation process was conducted fairly. The agreement was also deemed to meet the statutory minimum standards for employee conditions. Consequently, the court approved the agreement, ensuring it would provide a fair and reasonable framework for the employees' terms and conditions of employment.

The final orders included the approval of the Aircraft Engineers Enterprise Agreement 2020-2022, effective from the specified dates, and mandated its registration with the Fair Work Commission. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate as a binding contract under the Fair Work Act.

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