Royal Flying Doctor Service of Australia Central Operations

[2024] FWCA 3693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Royal Flying Doctor Service of Australia Central Operations

(AG2024/3813)

ROYAL FLYING DOCTOR SERVICE CENTRAL OPERATIONS AEROMEDICAL NURSES AND MIDWIVES (AUSTRALIAN NURSING AND MIDWIFERY FEDERATION) AGREEMENT 2022 (ADELAIDE, ALICE SPRINGS, DARWIN & PORT AUGUSTA)

Airline operations
COMMISSIONER PLATT	ADELAIDE, 23 OCTOBER 2024

Application for approval of the Royal Flying Doctor Service Central Operations Aeromedical Nurses and Midwives (Australian Nursing and Midwifery Federation) Agreement 2022 (Adelaide, Alice Springs, Darwin & Port Augusta)

An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service Central Operations Aeromedical Nurses and Midwives (Australian Nursing and Midwifery Federation) Agreement 2022 (Adelaide, Alice Springs, Darwin & Port Augusta) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Royal Flying Doctor Service of Australia Central Operations (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 October 2024.

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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Royal Flying Doctor Service of Australia Central Operations, the Fair Work Commission was asked to approve a new enterprise agreement between the service and the Australian Nursing and Midwifery Federation. The agreement, which covers aeromedical nurses and midwives in Adelaide, Alice Springs, Darwin, and Port Augusta, was the subject of negotiation between the parties. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other provisions, as set out in the proposed agreement.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to the "better off overall test." This test requires that employees be no worse off financially and, where possible, better off overall under the new agreement compared to their previous conditions. Additionally, the Commission had to ensure that the agreement did not undermine the safety and efficiency of aeromedical services, a critical consideration given the nature of the work performed by the nurses and midwives.

The Commission found that the proposed agreement did indeed meet the better off overall test, as it provided for wage increases and other benefits that outweighed any potential detriments. The Commission also considered the operational aspects of the aeromedical services and was satisfied that the agreement would not compromise patient safety or the efficiency of the service. Consequently, the Commission approved the agreement, recognising the importance of fair and equitable terms for the employees while also safeguarding the quality of the aeromedical services provided.

The final orders of the Commission were that the Royal Flying Doctor Service Central Operations Aeromedical Nurses and Midwives (Australian Nursing and Midwifery Federation) Agreement 2022 be approved and registered. This decision ensures that the terms of the agreement will apply to the affected employees, providing them with improved conditions of employment while maintaining the high standards required for aeromedical services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established