DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2020/726)

CHC HELICOPTERS (AUSTRALIA) PILOTS ONSHORE ENTERPRISE AGREEMENT 2019-2021

Airline operations
COMMISSIONER WILLIAMS	PERTH, 8 APRIL 2020

Application for approval of the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2020. The nominal expiry date of the Agreement is 30 April 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) brought an application before the Fair Work Commission, seeking approval of the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2019-2021. The applicant and the Australian Council of Trade Unions, representing the pilots, had reached an agreement regarding the terms and conditions of employment. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court had to resolve involved the interpretation of the Act and the specific criteria for the approval of enterprise agreements. It was necessary to determine whether the agreement complied with the provisions concerning genuine agreement, coverage, and the avoidance of prohibited content. The court had to ensure the agreement was made without any improper influence, coercion, or other unfair practices.

The court considered the evidence presented and the submissions made by both parties. It found that the agreement was made genuinely without any undue influence or coercion. The terms of the agreement were within the scope of the Act and did not contain any prohibited content. The agreement met all the statutory requirements for approval, including covering the appropriate employees and ensuring fair and reasonable terms. Based on these findings, the court approved the agreement.

The final orders of the court were that the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2019-2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement would then be applicable to the specified employees and would remain in force until superseded by a new agreement or terminated in accordance with the 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