CHC HELICOPTERS (AUSTRALIA) ONSHORE PILOTS ENTERPRISE AGREEMENT 2024 - 2028

Application for approval of the CHC Helicopters (Australia) Onshore Pilots Enterprise Agreement 2024 - 2028

[1] Lloyd Helicopters Pty Ltd Trading AS Chc Helicopters (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the CHC Helicopters (Australia) Onshore Pilots Enterprise Agreement 2024 - 2028 (the Agreement).

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

1. Notice Requirements for Termination - Stand Down Provisions: Clause 18 of the Agreement provides that employees may terminate their employment when stood down without providing the required notice period under the Agreement and the company will be deemed to have provided adequate notice but will not be obliged to make payment in lieu of that notice. This may be inconsistent with the NES at section 117(3) of the Act.

[6] However, I am satisfied that under clause 5.4. of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[8] Pursuant to section 205A(2) of the Act, the workplace delegates' rights term prescribed by the Air Pilots Award 2020 is taken to be a term of the Agreement.

[9] 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, I confirm that the Union is covered by the Agreement.

[10] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 November 2025. The nominal expiry date of the Agreement is 30 April 2028.

Printed by authority of the Commonwealth Government Printer