DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia Central Operations
(AG2017/6699)

ROYAL FLYING DOCTOR SERVICE, CENTRAL OPERATIONS, OPERATIONS CO-ORDINATORS AGREEMENT 2017

Miscellaneous
COMMISSIONER WILSON	MELBOURNE, 9 MAY 2018

Application for approval of the Royal Flying Doctor Service, Central Operations, Operations Co-ordinators Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service, Central Operations, Operations Co-ordinators Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Flying Doctor Service of Australia Central Operations. 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.

[4] The Community and Public Sector Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2018. The nominal expiry date of the Agreement is 9 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Royal Flying Doctor Service of Australia Central Operations, sought approval of a new agreement with their employees. The respondents were the registered trade unions representing the employees. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement, which sought to establish a new role of Operations Coordinators, complied with the requirements of Australian labour law, specifically section 232 of the Fair Work Act 2009. The Commission needed to determine if the agreement fairly reflected the balance of power between the parties, provided adequate protections for employees, and adhered to procedural fairness.

The Commission examined the agreement's provisions, the submissions made by both parties, and relevant case law. The applicants argued that the new role was necessary for operational efficiency and that the agreement provided adequate protections and benefits for the employees. The unions contended that the agreement did not fairly reflect the balance of power and failed to provide sufficient protections for the employees. The Commission found that the agreement was procedurally fair, as both parties had been given adequate opportunity to present their case. The new role of Operations Coordinators was deemed necessary for operational efficiency and did not result in a detriment to the employees. The agreement provided adequate protections and benefits, including a salary increase and additional leave provisions.

Accordingly, the Commission approved the agreement, finding that it complied with the requirements of Australian labour law. The agreement was approved in its entirety, with no variations. The applicants and respondents were directed to implement the agreement in accordance with its terms. The decision provides guidance on the approval of agreements that establish new roles and the considerations that the Commission will take into account in determining whether an agreement complies with Australian labour law.

Royal Flying Doctor Service of Australia Central Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established