CareFlight Limited T/A CareFlight Summary

[2017] FWCA 3118

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CareFlight Limited T/A CareFlight

(AG2017/1733)

CareFlight Nurses & Midwives Enterprise Agreement 2017-2020

Health and welfare services
Commissioner Lee	MELBOURNE, 7 JUNE 2017

Application for approval of the CareFlight Nurses & Midwives Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the CareFlight Nurses & Midwives Enterprise Agreement 2017 - 2020 (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 T/A CareFlight. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CareFlight Limited, trading as CareFlight, was involved in a dispute concerning the approval of the CareFlight Nurses & Midwives Enterprise Agreement 2017-2020. The applicant sought the Commission's approval of the agreement, which outlined the terms and conditions of employment for nurses and midwives within the organisation. The Commission was required to determine whether the agreement met the necessary legal standards and if it was in the best interests of the employees and the organisation.

The central legal issue before the Commission was whether the agreement provided fair and reasonable terms for the employees and complied with relevant legislative requirements. Specifically, the Commission had to assess whether the agreement satisfied the criteria for approval under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. These criteria include ensuring the agreement does not allow for unfair dismissals, provides for minimum terms and conditions, and is not detrimental to the employees or the organisation.

The Commission found that the agreement provided fair and reasonable terms for the employees and met the necessary legal standards. The Commission was satisfied that the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission concluded that the agreement was in the best interests of both the employees and the organisation. Consequently, the Commission approved the CareFlight Nurses & Midwives Enterprise Agreement 2017-2020.

The Commission's final order was to approve the CareFlight Nurses & Midwives Enterprise Agreement 2017-2020, effective from the date of the decision. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between CareFlight and its nurses and midwives. The approval also allows the agreement to be registered with the Fair Work Commission, which facilitates the resolution of any future disputes that may arise under the agreement.

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