DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Australian Flying Corps and Royal Australian Air Force Association (Western Australia Division) Incorporated
(AG2015/6875)

AUSTRALIAN FLYING CORPS AND ROYAL AUSTRALIAN AIR FORCE ASSOCIATION (WA) RESIDENTIAL CARE STAFF ENTERPRISE AGREEMENT 2015

Licensed and registered clubs
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Australian Flying Corps and Royal Australian Air Force Association (WA) Residential Care Staff Enterprise 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 (WA) Residential Care Staff Enterprise 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 the Royal Australian Flying Corps and Royal Australian Air Force Association (Western Australia Division) Incorporated. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 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.

[4] The Australian Nursing and Midwifery Federation, the Health Services Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Royal Australian Flying Corps and Royal Australian Air Force Association (Western Australia Division) Incorporated, which sought approval for the Australian Flying Corps and Royal Australian Air Force Association (WA) Residential Care Staff Enterprise Agreement 2015. The nature of the dispute centred on whether the terms of the proposed agreement met the necessary requirements for approval under the relevant industrial legislation. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over workplace relations and industrial matters.

The primary legal issues the court needed to address were whether the agreement fulfilled the statutory criteria for approval and whether the bargaining process that led to the agreement was fair and appropriate. These issues included the adequacy of the agreement in terms of providing for minimum wages and conditions, ensuring procedural fairness during the bargaining process, and whether the agreement complied with other relevant legislative provisions. The court also had to consider if there were any procedural irregularities that might invalidate the agreement.

In its decision, the Fair Work Commission examined the proposed agreement thoroughly, evaluating whether it provided for minimum rates of pay, entitlements, and conditions of employment as required by law. The court considered the evidence presented by the association regarding the bargaining process, including the steps taken to ensure the agreement was made in good faith. The Commission found that the agreement met the statutory criteria and was procedurally sound, concluding that it was fit for approval. The court noted that the association had demonstrated a commitment to fair and transparent bargaining, which was integral to the agreement's validity.

The Fair Work Commission approved the Australian Flying Corps and Royal Australian Air Force Association (WA) Residential Care Staff Enterprise Agreement 2015, confirming that it complied with all necessary legal requirements. This decision effectively settled the dispute in favour of the association, allowing the terms of the agreement to be implemented.

Royal Australian Flying Corps and Royal Australian Air Force Association (Western Australia Division) Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established