Phi International Australia Pty Ltd T/A Phi International Australia Pty Ltd Summary

[2023] FWCA 16

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Phi International Australia Pty Ltd T/A Phi International Australia Pty Ltd

(AG2022/5018)

PHI AUSTRALIA PTY LTD HELICOPTER PILOTS’ (ESSO OPERATIONS) ENTERPRISE AGREEMENT –2022 - 2025

Airline operations
COMMISSIONER SCHNEIDER	PERTH, 3 JANUARY 2023

Application for approval of the PHI Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement –2022 - 2025

Phi International Australia Pty Ltd T/A Phi International Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the PHI Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement –2022 - 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the PHI Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement – 2022 to 2025, brought before the Fair Work Commission. The applicant, PHI International Australia Pty Ltd, sought the Commission's approval of the agreement, which was to regulate employment conditions for helicopter pilots working under ESSO Operations. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover.

The legal issues before the Commission included determining whether the agreement was a "good faith" agreement as required by the Fair Work Act. This involved examining the processes through which the agreement was negotiated and whether it provided fair and reasonable terms and conditions of employment. The Commission also needed to assess whether the agreement contained all the mandated minimum terms as outlined in the Fair Work Act and whether it was fair and appropriate in all its aspects.

The Commission examined the negotiation process and found it to be conducted in good faith, with evidence of fair and reasonable terms for the employees. The agreement was found to include all the mandated minimum terms and was deemed fair and appropriate. Given these findings, the Commission approved the agreement, emphasising the importance of such agreements in maintaining fair industrial relations practices.

The Fair Work Commission approved the PHI Australia Pty Ltd Helicopter Pilots’ (ESSO Operations) Enterprise Agreement – 2022 to 2025, effective from the date of the decision. This approval recognises the agreement as a fair and reasonable basis for the employment conditions of the helicopter pilots involved.

Phi International Australia Pty Ltd T/A Phi International Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established