s.185 - Application for approval of a single-enterprise agreement

LIFEFLIGHT AUSTRALIA LIMITED & LIFEFLIGHT COMMERCIAL LIMITED ROTARY WING ENGINEERING ENTERPRISE AGREEMENT 2025

Application for approval of the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2025

[1] This decision deals with an application made for approval of an enterprise agreement known as the LifeFlight Australia Limited & LifeFlight Commercial Limited Rotary Wing Engineering Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by LifeFlight Australia Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have listed only one of the employer entities that is covered by the Agreement which was eventually made. Ordinarily, the NERR ought to have been issued consistently with the stated coverage of the Agreement, in other words both entities ought to have been listed in this case. Further, there was also a slightly different name of the Enterprise Agreement in the NERR to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this due to the fact that no employees were engaged by the Applicant in the missing entity at the time the NERR was issued and secondly because there was a significant participation rate (93.88%) in the ballot process. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] The Agreement contains a delegates' rights term that contains a narrower definition of eligible employees as opposed to eligible workers. The Applicant contends that they do not routinely engage contractors, labour hire workers or other non-employees in the relevant workplaces however they have not submitted that they will not ever engage these kinds of workers. On that basis I find that the Agreement does not contain a delegates rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 9 will have no effect.

[4] The Applicant has provided written undertakings. 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.

[5] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.

[6] Pursuant to s.190(3) of the Act, I accept the undertakings.

[7] Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[8] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.6 - Casual conversion rights.

• Clause 33 - Compassionate leave for stillbirth/miscarriage

• Clause 37 - Paid family and domestic violence leave.

However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Australian Workers Union (AWU) and the Australian Licensed Aircraft Engineers Association (ALAEA) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, and ALAEA.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act from 6 February 2026. The nominal expiry date of the Agreement is 30 June 2028.

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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