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[2016] FWCA 2048

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Flying Corps and Royal Australian Air Force Association

(Western Australian Division) Inc

(AG2016/648)

AUSTRALIAN FLYING CORPS AND ROYAL AUSTRALIAN AIR

FORCE ASSOCIATION (WESTERN AUSTRALIAN DIVISION) INC

REGISTERED AND ENROLLED NURSES AGREEMENT 2015

Health and welfare services

COMMISSIONER ROE

MELBOURNE, 5 APRIL 2016

Application for approval of the Australian Flying Corps and Royal Australian Air Force

Association (Western Australian Division) Inc Registered and Enrolled Nurses Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Australian Flying Corps and Royal Australian Air Force Association (Western Australian

Division) Inc Registered and Enrolled Nurses Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Australian Flying Corps and Royal Australian Air Force Association (Western Australian

Division) Inc. 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.
[2016] FWCA 2048

[4] The Agreement was approved on 5 April 2016 and, in accordance with s.54, will

operate from 12 April 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before Commissioner Roe involved an application for the approval of the Australian Flying Corps and Royal Australian Air Force Association (Western Australian Division) Inc Registered and Enrolled Nurses Agreement 2015. The applicant, the Australian Flying Corps and Royal Australian Air Force Association (Western Australian Division) Inc, sought approval under section 185 of the Fair Work Act 2009. The Australian Nursing and Midwifery Federation, a bargaining representative, had also notified its intention for the agreement to cover its members. The primary legal issues for the court to address were whether the requirements of sections 186, 187, and 188 of the Act had been met and whether the agreement could be approved despite not covering all employees of the employer.

Commissioner Roe determined that the requirements of sections 186, 187, and 188 of the Act were satisfied. The agreement, though not covering all employees, was deemed to have been fairly chosen based on the factors outlined in section 186(3) and (3A) of the Act. The court also noted that the agreement covered the organisation as required by section 201(2). Having considered these points, Commissioner Roe approved the agreement. The approval was granted on 5 April 2016, and the agreement was set to operate from 12 April 2016, with a nominal expiry date of 1 October 2018.

RAAFAWA

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