DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CareFlight Retrieval Medicine Limited
(AG2015/1074)

CAREFLIGHT ROTARY WING FLIGHT NURSE ENTERPRISE AGREEMENT 2015 - 2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 4 JUNE 2015

Application for approval of the CareFlight Rotary Wing Flight Nurse Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of a single enterprise agreement known as the CareFlight Rotary Wing Flight Nurse Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CareFlight Retrieval Medicine Limited.

[2] On the basis of the material before me, 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant CareFlight Retrieval Medicine Limited applied for the approval of the CareFlight Rotary Wing Flight Nurse Enterprise Agreement 2015 - 2017. The applicant, an aeromedical services provider, sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement was to cover flight nurses employed by the applicant, who are responsible for the medical care of patients during air transport.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions of employment, including pay rates and other entitlements, and whether it had been made in good faith and without coercion. The Commission also had to consider if the agreement contained provisions that were contrary to public policy or were otherwise invalid.

After considering the submissions from both the applicant and the registered union, the Health Services Union, the Commission determined that the proposed agreement met the necessary criteria for registration. The agreement provided for minimum terms and conditions, and the Commission found that it had been made in good faith and without coercion. Additionally, the Commission found that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. As such, the Commission approved the proposed agreement and registered it under the Fair Work Act.

The Commission issued an order approving the CareFlight Rotary Wing Flight Nurse Enterprise Agreement 2015 - 2017 and registering it as a registered agreement under the Fair Work Act. The agreement is now in effect and will apply to the relevant employees for the specified period.

CareFlight Retrieval Medicine Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established