PHI International Australia Pty Ltd Summary

[2022] FWCA 2614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PHI International Australia Pty Ltd

(AG2022/2101)

PHI International Australia Kimberley Engineering and Ramp Staff Enterprise Agreement 2022

Airport operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 AUGUST 2022

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

PHI International Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the PHI International Australia Kimberley Engineering and Ramp Staff Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Form F17[1] and correct the date the relevant employees were given the Notice of Employee Representational Rights from 11 May 2021 to 13 July 2021. In light of the Applicant’s explanation, I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union and the Australian Licensed Aircraft Engineers Association (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 3 August 2022 and, in accordance with s 54, will operate from 10 August 2022. The nominal expiry date of the Agreement is 3 August 2026.

DEPUTY PRESIDENT

Annexure A

[1] Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement).

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were PHI International Australia Pty Ltd and the union representing its Kimberley engineering and ramp staff. The dispute centred on the approval of the PHI International Australia Kimberley Engineering and Ramp Staff Enterprise Agreement 2022. The case was heard in the Fair Work Commission.

The primary legal issues that the court had to decide were whether the agreement met the statutory requirements for approval and whether it contained any terms that were contrary to public policy. The court also had to consider whether the agreement provided for the fair and equitable treatment of the employees.

The court found that the agreement was consistent with the Fair Work Act 2009 and did not contain any terms that were contrary to public policy. The court was satisfied that the agreement provided for the fair and equitable treatment of the employees and that it met the statutory requirements for approval. The court approved the agreement and made orders to that effect.

The court's decision was based on a thorough examination of the agreement and the evidence presented by the parties. The court found that the agreement provided for a fair and reasonable outcome for both the employer and the employees and that it was consistent with the principles of the Fair Work Act. The court's decision was final and binding on the parties.

PHI International Australia Pty Ltd

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Legal Principle Established