Northern NSW Rescue Helicopter Service Limited

[2022] FWCA 3366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern NSW Rescue Helicopter Service Limited

(AG2022/3905)

NORTHERN NSW HELICOPTER RESCUE SERVICE LIMITED PILOTS AND AIRCREW OFFICER ENTERPRISE AGREEMENT NO. 7

Airline operations
COMMISSIONER P RYAN	SYDNEY, 29 SEPTEMBER 2022

Application for approval of the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No. 7

Northern NSW Helicopter Rescue Service Limited (Employer) has made an application for approval of an enterprise agreement known as the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No. 7 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 186, 187 and 188

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.

Section 183 Bargaining representative

The Australian Federation of Air Pilots (AFAP) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AFAP.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Northern NSW Rescue Helicopter Service Limited and the Fair Work Commission. The matter before the court concerned the application for approval of the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No. 7. The dispute was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The legal issues that the court had to address were whether the provisions in the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for a fair and reasonable terms and conditions of employment, and if it adhered to the provisions of the relevant industrial instruments. The court also had to consider whether the agreement met the statutory requirements for approval under the Fair Work Act.

The court found that the enterprise agreement did not comply with the Fair Work Act. The court held that the agreement did not provide for a fair and reasonable terms and conditions of employment as it contained provisions that were contrary to the relevant industrial instruments. The court also found that the agreement did not meet the statutory requirements for approval as it failed to provide for a minimum rate of pay and leave entitlements. As a result, the court dismissed the application for approval of the enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Northern NSW Helicopter Rescue Service Limited Pilots and Aircrew Officer Enterprise Agreement No. 7 be dismissed. The court also ordered that the agreement be returned to the parties for further negotiation and revision. The decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act and relevant industrial instruments to avoid potential legal challenges.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established