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

[2022] FWCA 819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/451)

PHI International Australia Northern Territory Helicopter Pilots Enterprise Agreement 2022

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MARCH 2022

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

An application has been made for approval of a greenfields agreement known as the PHI International Australia Northern Territory 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

In the case of PHI International Australia Pty Ltd T/A PHI International Australia Pty Ltd, the primary issue before the Fair Work Commission was the application for approval of the PHI International Australia Northern Territory Helicopter Pilots Enterprise Agreement 2022. The applicant, PHI International Australia Pty Ltd, sought to have the proposed enterprise agreement, which outlines terms and conditions of employment for helicopter pilots, formally approved. This process ensures that the agreement meets the necessary legal standards and serves the interests of both the employer and the employees.

The central legal issues that the Commission needed to address included whether the proposed agreement was appropriately negotiated, if it complied with the relevant legislative framework, and whether it provided for a fair and reasonable set of terms for the employees. In particular, the Commission had to consider if the agreement met the requirements of the Fair Work Act 2009, including provisions concerning the process of negotiation, the scope of the agreement, and the fairness of the terms.

In delivering its decision, the Commission examined the negotiation process and found it to be appropriate and in compliance with the legislative requirements. The Commission considered the content of the agreement and determined that it provided for a fair and reasonable set of terms for the employees. It was noted that the agreement covered a range of employment conditions, including pay rates, working hours, and other workplace entitlements. After careful consideration of all the evidence and arguments presented, the Commission approved the proposed enterprise agreement, finding it to be in the best interests of both the employer and the employees.

The Fair Work Commission's approval of the PHI International Australia Northern Territory Helicopter Pilots Enterprise Agreement 2022 means that the agreement is now legally binding on the parties. This decision ensures that the employment terms and conditions for helicopter pilots employed by PHI International Australia Pty Ltd in the Northern Territory are clearly defined and regulated by the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established