| [2019] FWCA 8146 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2019/4143)
CHC HELICOPTERS (AUSTRALIA) CREWPERSON ENTERPRISE AGREEMENT 2019-2020
Airline operations | |
COMMISSIONER YILMAZ | MELBOURNE, 29 NOVEMBER 2019 |
Application for approval of the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2019 - 2020.
[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2019 - 2020 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Part 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.
[6] The Agreement is approved and in accordance with s.54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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- AGLC
- Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) [2019] FWCA 8146
- Case
- [2019] FWCA 8146
- Decision Date
CaseChat Overview and Summary
The FWC had to decide whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning it provided employees with a net benefit compared to the applicable award or previous agreement. The court also considered whether the agreement adequately protected employees' rights and if it complied with the Fair Work Act 2009. Key issues included the adequacy of provisions regarding shift patterns, rest periods, and overtime, as well as the process by which the agreement was made.
The FWC found that the agreement met the BOOT criteria and was fair and reasonable. The court considered that the agreement provided for adequate protections and benefits to employees, including provisions for rostering and shift patterns that were in line with industry standards. The FWC also found that the process by which the agreement was made was fair and that there was sufficient employee participation. The application for approval was therefore granted.
The FWC approved the CHC Helicopters (Australia) Crewperson Enterprise Agreement 2019 - 2020. The decision emphasised the importance of adequate protections for employees in enterprise agreements, particularly in relation to rostering and shift patterns. The FWC's approval of the agreement sets a precedent for similar agreements in the aviation industry.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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