Lloyds Helicopters Pty Ltd T/A CHC Helicopter Australia

[2023] FWCA 2929

[2023] FWCA 2929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lloyds Helicopters Pty Ltd T/A CHC Helicopter Australia

(AG2023/2945)

CHC HELICOPTER (AUSTRALIA) AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2022.

Airline operations
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 12 SEPTEMBER 2023

Application for approval of the CHC Helicopter (Australia) Aircraft EngineersEnterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the CHC Helicopter (Australia) Aircraft Engineers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lloyds Helicopters Pty Ltd T/A CHC Helicopter Australia. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

1. 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.

1. 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.

1. 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.

1. The Australian Licenced Aircraft Engineers Association (ALAEA), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers' Union (AWU), being the 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 organisation. The ALAEA, AMWU and AWU all support approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 48 – Compassionate Leave;

·           Clause 51.4 – Public Holidays – Fixed Base Day Work Employees;

·           Clause 54.6 – Notice of Termination by Employee; and

·           Appendix 8 – Right to Request Casual Conversion.

However, noting clause 3 of the Agreement and the Undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521464  PR766129>

Annexure A