PHI International Australia Pty Ltd

[2023] FWCA 1603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PHI International Australia Pty Ltd

(AG2023/1555)

PHI INTERNATIONAL AUSTRALIA PTY LTD KARRATHA MPT HELICOPTER ENGINEERS ENTERPRISE AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JUNE 2023

Application for approval of the PHI International Australia Pty Ltd Karratha MPT Helicopter Engineers Enterprise Agreement 2023

PHI International Australia Pty Ltd has made an application for approval of an enterprise agreement known as the PHI International Australia Pty Ltd Karratha MPT Helicopter Engineers Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Licenced Aircraft Engineers Association (ALAEA) and the Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by 201(2), I note that the Agreement covers the ALAEA and the AWU.

The Agreement was approved on 2 June 2023 and, in accordance with s 54, it will operate from 9 June 2023. The nominal expiry date of the Agreement is 7 February 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter of an application for approval of the PHI International Australia Pty Ltd Karratha MPT Helicopter Engineers Enterprise Agreement 2023 was heard. The applicant, PHI International Australia Pty Ltd, sought approval of the enterprise agreement, which was made between the company and its employees, specifically the helicopter engineers at the Karratha facility. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and if it was made in good faith and without coercion.

The court was tasked with determining whether the enterprise agreement was appropriately made, including if it was free from any invalid provisions and if it was certified as meeting the criteria under the Fair Work Act. The applicant argued that the agreement was made in good faith and was free from any invalid provisions. The court needed to consider if the agreement was appropriately negotiated and if it adhered to the legislative requirements for such agreements.

The court considered the evidence presented by the applicant, which included certification from the Fair Work Commission that the agreement met the necessary criteria. The court also examined the process by which the agreement was negotiated and whether it was made without coercion. After reviewing the evidence and the provisions of the agreement, the court found that the enterprise agreement was appropriately made and met the requirements of the Fair Work Act. The court approved the agreement, confirming that it was free from invalid provisions and was made in good faith.

The final orders of the court were to approve the PHI International Australia Pty Ltd Karratha MPT Helicopter Engineers Enterprise Agreement 2023, effective from the date of the court's decision. This approval ensures that the terms of the agreement are legally binding on both the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established