DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2016/231)

CHC HELICOPTERS (AUSTRALIA) AMWU & ALAEA AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2015 - 2018

Airline operations
COMMISSIONER LEE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2015 - 2018 (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] 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.

[4] 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, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), for the approval of the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2015-2018. The application was brought in accordance with the provisions of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the requirements for being considered a "single interest" enterprise agreement and whether it complied with the applicable provisions of the Act, including the good faith bargaining provisions.

The court was required to determine whether the agreement was a genuine enterprise agreement within the meaning of the Fair Work Act. This involved examining whether the agreement satisfied the criteria of being a "single interest" agreement, as well as ensuring that it complied with the good faith bargaining provisions. The court also needed to consider whether the agreement was fair and reasonable, taking into account the provisions of the Act and any relevant precedents.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and approved it. The Commission noted that the agreement was a "single interest" agreement as it covered all employees of the company in the aircraft engineers' classification. The Commission was satisfied that the agreement had been made in good faith, as both parties had engaged in genuine discussions and negotiations. The Commission also considered that the agreement was fair and reasonable, as it provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement complied with the provisions of the Fair Work Act.

The Fair Work Commission approved the CHC Helicopters (Australia) AMWU & ALAEA Aircraft Engineers Enterprise Agreement 2015-2018, effective from 1 July 2015 to 30 June 2018. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Commission's website.

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