DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia Central Operations T/A RFDS Central Operations
(AG2021/6352)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA, CENTRAL OPERATIONS (RFDSCO) AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 6 AUGUST 2021

Application for approval of the Royal Flying Doctor Service of Australia, Central Operations (RFDSCO) Aircraft Engineers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia, Central Operations (RFDSCO) Aircraft Engineers Enterprise Agreement 2021 (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 T/A RFDS Central Operations. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 13 August 2021. The nominal expiry date of the Agreement is 13 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Royal Flying Doctor Service of Australia, Central Operations (RFDSCO) Aircraft Engineers Enterprise Agreement 2021. The applicant, RFDSCO, sought the court's approval of the agreement, which had been negotiated with relevant employee representatives. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the substantive provisions contained within the agreement.

The key legal issues before the court were whether the agreement was genuinely bargained for, free from duress or coercion, and whether it met the procedural and substantive requirements of the Fair Work Act. The court was tasked with assessing the fairness of the agreement, including the terms and conditions it contained, and determining whether the negotiation process had been conducted appropriately. Additionally, the court had to consider whether the agreement adequately protected the interests of the employees and complied with the statutory framework governing enterprise agreements.

In delivering its decision, the Fair Work Commission found that the agreement was genuinely negotiated and not the result of any undue influence or coercion. The court examined the negotiation process and concluded that it was conducted in a manner consistent with the principles of procedural fairness. Furthermore, the court determined that the substantive provisions of the agreement were fair and reasonable, taking into account the needs and interests of both the employer and the employees. The agreement was found to provide adequate protections for the employees and to comply with the statutory requirements of the Fair Work Act. Consequently, the court approved the RFDSCO Aircraft Engineers Enterprise Agreement 2021.

The final orders of the court were that the RFDSCO Aircraft Engineers Enterprise Agreement 2021 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees, governing their employment terms and conditions until superseded by a new agreement or determined by the court. The decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be legally binding and enforceable.

Royal Flying Doctor Service of Australia Central Operations T/A RFDS 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