Northern Region SLSA Helicopter Rescue Service Pty Ltd

[2013] FWCA 7681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Northern Region SLSA Helicopter Rescue Service Pty Ltd
(AG2013/9556)

NORTHERN REGION LIFE SAVER RESCUE HELICOPTER ENTERPRISE AGREEMENT NO 5

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 2 OCTOBER 2013

Application for approval of the Northern Region Life Saver Rescue Helicopter Enterprise Agreement No 5.

[1] An application has been made for approval of an enterprise agreement known as the Northern Region Life Saver Rescue Helicopter Enterprise Agreement No 5 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Region SLSA Helicopter Rescue Service Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 2013. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Northern Region SLSA Helicopter Rescue Service Pty Ltd, applied for the approval of the Northern Region Life Saver Rescue Helicopter Enterprise Agreement No 5. The application was made under section 185 of the Fair Work Act 2009 (Cth). The respondent, United Voice, represented the employees. The nature of the dispute centred on the terms and conditions outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for a safety net of minimum wages and conditions, facilitated flexibility in workplace arrangements, and offered protection against unfair dismissal. The court also had to consider if the agreement facilitated the efficient functioning of the workplace and the resolution of workplace disputes.

In its reasoning, the court examined the proposed agreement in detail, assessing its provisions against the criteria set out in the Fair Work Act. The court determined that the agreement provided an appropriate safety net of minimum wages and conditions and facilitated the efficient functioning of the workplace. The court was satisfied that the agreement would not have an adverse effect on the efficient functioning of the workplace and was conducive to the resolution of workplace disputes. The court approved the application, finding that the agreement met the statutory requirements and would promote harmonious, productive, and cooperative workplace relations. The court made an order approving the enterprise agreement as filed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established