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

[2021] FWCA 6330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PHI International Australia Pty Ltd T/A PHI International Australia Pty Ltd
(AG2021/7722)

APPROVAL OF PHI INTERNATIONAL AUSTRALIA PILBARA HELICOPTER PILOTS ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER WILSON	MELBOURNE, 20 OCTOBER 2021

Application for approval of the PHI International Australia Pilbara Helicopter Pilots Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the PHI International Australia Pilbara Helicopter Pilots Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PHI International Australia Pty Ltd T/A PHI International Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Federation of Air Pilots 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2021. The nominal expiry date of the Agreement is 19 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of PHI International Australia Pty Ltd, trading as PHI International Australia Pty Ltd, the Australian Fair Work Commission was asked to consider the application for approval of the PHI International Australia Pilbara Helicopter Pilots Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for helicopter pilots working in the Pilbara region, focusing on issues such as wages, working hours, and other employment-related matters. The Commission was tasked with ensuring that the proposed agreement was fair and balanced, and complied with the relevant industrial legislation.

The primary legal issue before the Commission was whether the proposed enterprise agreement was compliant with the Fair Work Act 2009, and whether it met the criteria for being a "genuine" agreement. This required the Commission to assess the extent to which the agreement was negotiated in good faith, whether it contained all necessary provisions, and whether it provided for appropriate processes to resolve disputes. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, in line with the principles of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission concluded that the proposed enterprise agreement was genuine and met the statutory requirements. The agreement was found to be negotiated in good faith, contained all necessary provisions, and provided for fair and reasonable terms and conditions for the employees. The Commission also noted that the agreement included appropriate processes for resolving disputes, which was a crucial factor in its approval. As a result, the Commission approved the PHI International Australia Pilbara Helicopter Pilots Enterprise Agreement 2021, and it will now be binding on the parties involved.

The final orders of the Commission included the approval of the enterprise agreement, which will now govern the employment terms and conditions of the helicopter pilots in the Pilbara region. The agreement was to be registered with the Fair Work Commission and would take effect from a specified date, ensuring that the terms and conditions were clear and enforceable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established