Northern Region SLSA Helicopter Rescue Service Pty Ltd

[2013] FWCA 2881

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
(AG2013/5661)

NORTHERN REGION LIFE SAVER RESCUE HELICOPTER ENGINEERING ENTERPRISE AGREEMENT NO 1

Airline operations
COMMISSIONER BOOTH	BRISBANE, 13 MAY 2013

Application for approval of the Northern Region Life Saver Rescue Helicopter Engineering Enterprise Agreement No 1.

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

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2013. The nominal expiry date of the Agreement is 12 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Northern Region SLSA Helicopter Rescue Service Pty Ltd sought approval for the Northern Region Life Saver Rescue Helicopter Engineering Enterprise Agreement No 1. The dispute arose between the applicant, representing the employer, and the respondents, who were the employees represented by the Australian Licensed Aircraft Engineers Association. The applicants sought the Commission's approval under section 234 of the Fair Work Act 2009 to register the agreement as a registered agreement, which would then apply to the employees covered by the agreement. The applicants argued that the agreement met the requirements of the Act, including the "better off overall test", which required that no employee would be worse off and at least one employee would be better off overall.

The primary legal issue before the Commission was whether the agreement was a "direct substitution agreement" as defined in section 171 of the Act, which would require it to meet the "better off overall test". The applicant argued that the agreement was not a direct substitution agreement because it was not intended to replace an existing registered agreement but rather to establish a new agreement. The respondents, however, argued that the agreement was a direct substitution agreement and that it failed to meet the "better off overall test".

The Commission found that the agreement was not a direct substitution agreement and therefore was not subject to the "better off overall test". The Commission held that the agreement was a new agreement that was not intended to replace an existing registered agreement. The Commission also found that the agreement met the requirements of the Act, including the "good faith" requirement, and was therefore approved for registration. The Commission held that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits, and that it was in the best interests of the employees.

The Fair Work Commission approved the registration of the Northern Region Life Saver Rescue Helicopter Engineering Enterprise Agreement No 1 as a registered agreement. The agreement was to apply to the employees covered by the agreement, and the applicants were directed to take all necessary steps to give effect to the agreement. The respondents were directed to take all necessary steps to ensure that the agreement was implemented in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established