DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern NSW Helicopter Rescue Service Ltd T/A Northern NSW Helicopter Rescue Service Ltd
(AG2019/2626)

NORTHERN NSW HELICOPTER RESCUE SERVICE LIMITED PILOTS AND AIRCREW OFFICER ENTERPRISE AGREEMENT NO. 6

Airline operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 AUGUST 2019

Application for approval of the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No.6.

[1] An application has been made for approval of an enterprise agreement known as the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No.6 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Federation of Air Pilots being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 31 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Northern NSW Helicopter Rescue Service Ltd, trading as the Northern NSW Helicopter Rescue Service Ltd, and the Fair Work Commission. The dispute centered around the approval of the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No. 6. The case was heard by the Fair Work Commission.

The legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements and whether it met the "better off overall test" under the Fair Work Act. The "better off overall test" requires that employees be no worse off financially and have some additional benefits. The Commission also considered whether the agreement was made in good faith and whether it adhered to the relevant provisions of the Act.

In its decision, the Fair Work Commission found that the enterprise agreement met the statutory requirements and satisfied the "better off overall test." The agreement was found to be made in good faith and complied with the relevant provisions of the Act. The Commission noted that the agreement provided for fair compensation and conditions for the employees, including provisions for overtime, penalty rates, and leave entitlements. The agreement also contained provisions for dispute resolution and training and development opportunities for the employees.

As a result, the Fair Work Commission approved the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No. 6. The Commission's decision was based on its finding that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The approval of the agreement ensures that the employees of the Northern NSW Helicopter Rescue Service Ltd are covered by a legally binding enterprise agreement that provides for their rights and entitlements.

Northern NSW Helicopter Rescue Service Ltd T/A Northern NSW Helicopter Rescue Service Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established