PHI International Australia Pty Ltd

[2022] FWCA 4451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PHI International Australia Pty Ltd

(AG2022/4809)

PHI International Australia Gascoyne Engineering and Ramp Staff Enterprise Agreement 2022

Airline operations
COMMISSIONER SCHNEIDER	PERTH, 15 DECEMBER 2022

Application for approval of the PHI International Australia Gascoyne Engineering and Ramp Staff Enterprise Agreement 2022

PHI International Australia Pty Ltd (the Applicant) has applied for approval of an enterprise agreement known as the PHI International Australia Gascoyne Engineering and Ramp Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. The Australian Workers’ Union (AWU) and the Australian Licenced Aircraft Engineers Association (ALAEA) each submitted a F21 indicating they wished to be covered by the Agreement. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with the AWU and ALAEA, and that the Agreement covers the organisations. In accordance with section 187(5)(a) of the Act, I am satisfied that the AWU and ALAEA are entitled to the represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 15 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, PHI International Australia Pty Ltd, sought approval of the PHI International Australia Gascoyne Engineering and Ramp Staff Enterprise Agreement 2022. This application was made to the Fair Work Commission, which is the body responsible for regulating industrial relations in Australia. The agreement was intended to regulate the employment conditions of engineering and ramp staff at Gascoyne, a location managed by PHI International Australia. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue the Commission needed to determine was whether the enterprise agreement provided for the employees' minimum entitlements as required by the Fair Work Act. The Commission also had to assess whether the agreement included terms that complied with the general protections provisions of the Act and whether it had been made in good faith and without coercion. The applicants argued that the agreement met all necessary criteria, while no party opposed the agreement.

The Fair Work Commission found that the enterprise agreement did indeed meet the minimum standards set by the Fair Work Act, including provisions for the employees' minimum entitlements. The Commission also concluded that the agreement did not contravene the general protections provisions and was made in good faith. The Commission was satisfied that the agreement was not made under duress or coercion. The Commission approved the enterprise agreement, highlighting its compliance with the statutory requirements.

The Fair Work Commission approved the PHI International Australia Gascoyne Engineering and Ramp Staff Enterprise Agreement 2022, confirming its compliance with the Fair Work Act. The Commission's decision affirmed that the agreement met the necessary standards and was made in good faith, without coercion. This approval allows the agreement to come into effect and regulate the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established