RFDS Western Operations Summary

[2023] FWCA 759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RFDS Western Operations

(AG2023/323)

Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2022

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 9 MARCH 2023

Application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RFDS Western Operations (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Licensed Aircraft Engineers Association (ALAEA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the ALAEA.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2022, sought approval of an enterprise agreement. The applicant and respondent, the Australian Licensed Aircraft Engineers Association (WA Branch), were engaged in a dispute regarding the terms and conditions of employment for aircraft engineers within the Western Operations sector of the Royal Flying Doctor Service of Australia. The matter was heard by the Commission and determined on the papers.

The primary legal issues before the Commission involved whether the proposed enterprise agreement complied with the relevant legislative provisions under the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement met the requirements for "good faith" bargaining and whether it contained the necessary "minimum terms and conditions" for the employees. Additionally, the Commission had to determine if the agreement fairly represented the interests of the employees and did not discriminate against any group of employees.

The Fair Work Commission found that the proposed enterprise agreement met the legislative requirements for approval. The Commission acknowledged that the agreement was the product of good faith bargaining between the parties. It was determined that the agreement contained the minimum terms and conditions mandated by the Fair Work Act 2009 and did not unfairly disadvantage any group of employees. The Commission also noted that the agreement fairly represented the interests of the employees within the scope of the bargaining.

The Commission approved the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2022. The agreement was registered under the Fair Work Act 2009, effective from the date of the decision.

RFDS Western Operations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established