Northern NSW Helicopter Rescue Service Limited
[2022] FWCA 4476
•20 DECEMBER 2022
| [2022] FWCA 4476 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Northern NSW Helicopter Rescue Service Limited
(AG2022/5115)
Northern NSW Helicopter Rescue Service Limited Engineering Enterprise Agreement No. 2
| Manufacturing and associated industries | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 20 DECEMBER 2022 |
Application for approval of the Northern NSW Helicopter Rescue Service Limited Engineering Enterprise Agreement No. 2
An application has been made for approval of an enterprise agreement known as the Northern NSW Helicopter Rescue Service Limited Engineering Enterprise Agreement No. 2 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern NSW Helicopter Rescue Service Limited. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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.
The Australian Licensed Aircraft Engineers Association 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.
The Agreement was approved on 20 December 2022 and, in accordance with s.54, will operate from 27 December 2022. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
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