CareFlight Limited T/A CareFlight Summary

[2022] FWCA 21

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CareFlight Limited T/A CareFlight

(AG2021/8968)

CareFlight Nurses & Midwives Enterprise Agreement 2021 - 2023

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 6 JANUARY 2022

Application for approval of the CareFlight Nurses & Midwives Enterprise Agreement 2021 - 2023

An application has been made for approval of an enterprise agreement known as the CareFlight Nurses & Midwives Enterprise Agreement 2021 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by CareFlight Limited T/A CareFlight (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 5 January 2022 and was determined on the papers.

The Australian Nursing and Midwifery Federation (ANMF), 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, CareFlight Limited trading as CareFlight, sought approval of an enterprise agreement from the Fair Work Commission. The respondents were the Australian Nursing and Midwifery Federation and certain employees. The dispute centred around the proposed terms and conditions of employment for nurses and midwives employed by CareFlight. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and whether the agreement was made in good faith and without coercion. The Commission needed to consider if the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements for being a "single interest" and "appropriate" agreement under the legislation.

The Commission determined that the agreement was appropriately made and complied with the statutory requirements. It found that the agreement was negotiated in good faith and did not contain any terms that were unfair or unreasonable. The Commission considered the evidence and submissions from both parties, assessing the terms and conditions of the agreement, and concluded that the agreement was fair and appropriate. Consequently, the Commission approved the CareFlight Nurses & Midwives Enterprise Agreement 2021-2023.

The final orders of the Commission included the approval of the CareFlight Nurses & Midwives Enterprise Agreement 2021-2023, which will now apply to the relevant employees and provide for their terms and conditions of employment. The agreement was found to be fair and reasonable, and it met the necessary legal requirements for approval.

CareFlight Limited T/A CareFlight

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established