DECISION

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

PHI International Australia Pty Ltd
(AG2021/5055)

PHI INTERNATIONAL AUSTRALIA BROOME AND TRUSCOTT HELICOPTER PILOTS ENTERPRISE AGREEMENT 2021

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 MAY 2021

Application for approval of the PHI International Australia Broome and Truscott Helicopter Pilots Enterprise Agreement 2021.

[1] PHI International Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the PHI International Australia Broome and Truscott Helicopter Pilots Enterprise Agreement 2021 (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.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[4] The Australian Federation of Air Pilots (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on 23 May 2021and, in accordance with s 54, will operate from 30 May 2021. The nominal expiry date of the Agreement is 19 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PHI International Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the PHI International Australia Broome and Truscott Helicopter Pilots Enterprise Agreement 2021. The dispute centred on whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the applicant sought to ensure that the agreement was free from provisions that would disadvantage employees and that it complied with procedural fairness and other statutory requirements.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Fair Work Act, including the need for genuine bargaining and proper consultation, and whether the agreement contained any provisions that were contrary to the public interest or unfair to employees. The Commission also considered whether the agreement met the statutory requirements for "being a low paid agreement" and "being a safety-critical workforce agreement".

The Commission found that the agreement was the product of genuine bargaining and that the applicant had properly consulted with the employees. The Commission noted that the agreement contained provisions that were necessary to ensure the safety and efficiency of the workplace, particularly in the context of helicopter operations. The Commission concluded that the agreement was fair and did not contain any provisions that would be contrary to the public interest or unfair to employees. The Commission approved the agreement, finding that it met all the necessary statutory requirements.

The Commission's decision was a significant victory for PHI International Australia, as it allowed the company to proceed with the implementation of the new enterprise agreement. The decision also provides important guidance for employers and employees in the helicopter industry, highlighting the importance of genuine bargaining and proper consultation in the development of enterprise agreements.

PHI International Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established