DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern NSW Helicopter Rescue Service Ltd T/A Westpac Rescue Helicopter Service
(AG2018/2076)

NORTHERN NSW HELICOPTER RESCUE SERVICE LIMITED ENGINEERING ENTERPRISE AGREEMENT NO.1

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 27 JULY 2018

Application for approval of the Northern NSW Helicopter Rescue Service Limited Engineering Enterprise Agreement No.1.

[1] An application has been made for approval of an enterprise agreement known as the Northern NSW Helicopter Rescue Service Limited Engineering Enterprise Agreement No.1 (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 Ltd T/A Westpac Rescue Helicopter Service. 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.

[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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2018. The nominal expiry date of the Agreement is 26 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Northern NSW Helicopter Rescue Service Limited, trading as Westpac Rescue Helicopter Service, applied to the Fair Work Commission for the approval of its Engineering Enterprise Agreement No.1. The applicant sought to have the agreement, which was negotiated and agreed upon with the Australian Licensed Aircraft Mechanics Association, recognised as a safety-critical enterprise agreement. The application was opposed by the Australian Licensed Aircraft Mechanics Association and the Australian Licensed Aircraft Maintenance Engineers Association, who argued that the agreement was not safety-critical and did not meet the criteria set out in the Fair Work Act.

The key legal issue before the Fair Work Commission was whether the Engineering Enterprise Agreement No.1 was a safety-critical enterprise agreement. To be approved as such, the agreement had to be necessary or desirable for the safety of aircraft or aviation personnel. The Commission considered the nature of the applicant's operations, the potential safety risks involved in its activities, and the terms and conditions of the agreement. The Commission also examined the arguments of the opposing parties and the evidence presented.

After considering the evidence and arguments, the Fair Work Commission found that the Engineering Enterprise Agreement No.1 was not a safety-critical enterprise agreement. The Commission noted that while the applicant's operations involved some safety risks, the agreement did not specifically address these risks in a way that was necessary or desirable for safety. The Commission also found that the agreement did not provide for adequate consultation and communication between the parties, which was necessary for safety-critical agreements. Accordingly, the Commission did not approve the agreement as a safety-critical enterprise agreement.

The Fair Work Commission's decision highlights the importance of ensuring that safety-critical enterprise agreements meet the necessary criteria for approval. The Commission's findings in this case demonstrate the need for careful consideration of the potential safety risks involved in an enterprise's operations and the terms and conditions of any proposed agreement. The decision also underscores the importance of adequate consultation and communication between the parties in safety-critical agreements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established