PHI International Australia Pty Ltd T/A PHI International Australia Pty Ltd

[2022] FWCA 820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PHI International Australia Pty Ltd T/A PHI International Australia Pty Ltd

(AG2022/457)

PHI International Australia Gascoyne Helicopter Pilots Enterprise Agreement 2022

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MARCH 2022

Application for approval of the PHI International Australia Gascoyne Helicopter Pilots Enterprise Agreement 2022.

An application has been made for approval of a greenfields agreement known as the PHI International Australia Gascoyne Helicopter Pilots Enterprise Agreement 2022 (the Agreement). The application was made by PHI International Australia Pty Ltd T/A PHI International Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Federation of Air Pilots is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Federation of Air Pilots and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2022. The nominal expiry date of the Agreement is 19 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were PHI International Australia Pty Ltd, trading as PHI International Australia Pty Ltd, and its employees represented by the Australian Licensed Aircraft Engineers and Aircraft Mechanics Association (ALAEA). The dispute centred around the application for approval of the PHI International Australia Gascoyne Helicopter Pilots Enterprise Agreement 2022. This case was heard in the Fair Work Commission (FWC).

The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically if it complied with the procedural fairness and good faith bargaining requirements. Another significant issue was whether the terms and conditions proposed in the agreement were fair and reasonable, considering the interests of both the employer and the employees.

The FWC examined the evidence presented by both parties and considered the procedural fairness of the bargaining process. The Commission noted that the agreement was the result of genuine negotiations between the parties, with both sides having the opportunity to express their views and engage in discussions. The FWC found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the interests of both parties. The Commission also considered that the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The FWC approved the PHI International Australia Gascoyne Helicopter Pilots Enterprise Agreement 2022, finding it to be a fair and reasonable agreement. The approval came into effect on 1 July 2022, replacing the previous Gascoyne Helicopter Pilots Enterprise Agreement 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established