DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)
(AG2021/6624)

CHC HELICOPTERS (AUSTRALIA) PILOTS ONSHORE ENTERPRISE AGREEMENT 2021 - 2024

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 AUGUST 2021

Application for approval of the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2021 - 2024 (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] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Federation of Air Pilots 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 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia), the Fair Work Commission was called upon to consider the application for the approval of the CHC Helicopters (Australia) Pilots Onshore Enterprise Agreement 2021 - 2024. The agreement was lodged by the applicant, Lloyd Helicopters, on behalf of the employees, specifically the pilots working onshore. The crux of the dispute lay in the terms and conditions set forth in the proposed agreement, which needed to be assessed for their compliance with the Fair Work Act 2009 and the overarching principles of fairness and equity in employment relations.

The legal issues that the Commission had to resolve involved whether the terms of the agreement complied with the statutory requirements and whether they could be considered as meeting the standards of procedural and substantive fairness. This included scrutinising whether the agreement provided adequate protection for employee rights and if it appropriately balanced the interests of both the employees and the employer. The Commission also had to examine if the agreement had been genuinely negotiated between the parties, as required by the Act.

In delivering its decision, the Commission meticulously examined the contents of the proposed agreement. It considered the procedural aspects, such as whether the agreement was the product of genuine negotiations and if the process adhered to the legal standards. Furthermore, the Commission assessed the substantive provisions, including wages, working conditions, and other terms and conditions, to determine if they met the 'better-off, overall and in the round' test. After careful consideration, the Commission found that the agreement was fair and reasonable, and thus approved it under the Fair Work Act. The approval was granted on the condition that the agreement be implemented in its entirety as set out in the application.

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