DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Careflight Limited
(AG2016/222)

LOGISTICS COORDINATION UNIT (NT) ENTERPRISE AGREEMENT 2015 - 2018

Ambulance and patient transport
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the Logistics Coordination Unit (NT) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Logistics Coordination Unit (NT) Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CareFlight Limited. The Agreement is a single enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2016. The nominal expiry date of the Agreement is 24 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Careflight Limited applied for the approval of the Logistics Coordination Unit (NT) Enterprise Agreement 2015 - 2018. The application was brought before the Fair Work Commission (FWC) and involved a dispute over the terms and conditions of employment for employees within the logistics coordination unit of Careflight in the Northern Territory. The dispute centred on whether the proposed enterprise agreement was in the best interests of the employees and complied with the relevant industrial laws.

The legal issues the FWC was required to consider included whether the proposed agreement provided for the employees' fair remuneration and conditions of employment, whether it met the requirements of the Fair Work Act 2009, and whether it had been properly negotiated. The court also had to determine if the agreement was free from any unfair content, particularly in terms of its impact on the employees' rights and obligations. Furthermore, the FWC needed to assess if the agreement was reasonably likely to assist in promoting higher wages and better conditions of employment for the employees.

In its decision, the FWC found that the proposed enterprise agreement was in the best interests of the employees. The commission noted that the agreement had been negotiated in good faith and was fair and reasonable, providing for the fair remuneration and conditions of employment for the employees. The FWC was satisfied that the agreement met the requirements of the Fair Work Act and did not contain any unfair content that would adversely affect the employees. As such, the FWC approved the Logistics Coordination Unit (NT) Enterprise Agreement 2015 - 2018. The final orders included the approval of the agreement and the setting aside of any objections to its approval.

Careflight Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established