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

[2014] FWCA 591

FAIR WORK COMMISSION

DECISION

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

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2013/12269)

LLOYD HELICOPTERS PTY LTD T/A CHC HELICOPTERS (AUSTRALIA) GROUND CREW ENTERPRISE AGREEMENT 2013-2016

Airline operations
COMMISSIONER CLOGHAN	PERTH, 23 JANUARY 2014

Application for approval of the Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) Ground Crew Enterprise Agreement 2013-2016.

[1] On 30 December 2013, Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) made application for approval of a single enterprise agreement to be known as the Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) Ground Crew Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 19 December 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 30 January 2014.

[6] The nominal expiry date of this Agreement is 30 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), brought an application to the Fair Work Commission to approve the Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) Ground Crew Enterprise Agreement 2013-2016. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute arose from the negotiation and content of the proposed enterprise agreement between Lloyd Helicopters and its employees, specifically the ground crew members.

The central legal issue before the Commission was whether the proposed agreement met the criteria for registration under the Fair Work Act. This required consideration of whether the agreement provided for minimum terms and conditions of employment, including the provision of reasonable arrangements for employees' personal or family care responsibilities. The Commission also had to consider whether the agreement was made in good faith and whether it contained terms that were fair and reasonable.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission noted that the agreement provided for minimum terms and conditions of employment, including provisions for personal or family care responsibilities. The Commission was satisfied that the agreement had been made in good faith and that the terms were fair and reasonable. The Commission considered the bargaining positions of the parties, the content of the agreement, and the overall fairness of the agreement. Based on these factors, the Commission approved the proposed enterprise agreement.

Accordingly, the Commission approved the Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia) Ground Crew Enterprise Agreement 2013-2016. The approval was registered under section 232 of the Fair Work Act, and the agreement became legally binding between Lloyd Helicopters and its ground crew employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established