DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service, Central Operations
(AG2015/4784)

RFDS, CENTRAL OPERATIONS FLIGHT NURSES (AUSTRALIAN NURSING AND MIDWIFERY FEDERATION) AGREEMENT 2015 (ALICE SPRINGS, ADELAIDE & PORT AUGUSTA)

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the RFDS, Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2015 (Alice Springs, Adelaide & Port Augusta)..

[1] An application has been made for approval of an enterprise agreement known as the RFDS, Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2015 (Alice Springs, Adelaide & Port Augusta) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service, Central Operations. The Agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation – South Australian Branch and the Australian Nursing and Midwifery Federation – Northern Territory Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of an agreement between the Royal Flying Doctor Service of Australia Central Operations and the Australian Nursing and Midwifery Federation, covering flight nurses in Alice Springs, Adelaide, and Port Augusta. The application was brought by the employer, who sought to have the agreement approved under the Fair Work Act 2009. The union, which represented the flight nurses, did not oppose the application. The dispute centred around the procedural fairness of the agreement-making process and whether the agreement met the statutory requirements for approval under the Act.

The Fair Work Commission examined whether the agreement was made in accordance with the statutory requirements for good faith bargaining and procedural fairness. The employer argued that the agreement was the result of genuine and meaningful negotiations with the union. The union did not contest this, and instead focused on whether the agreement met the statutory criteria for approval. The Commission had to determine whether the agreement contained terms and conditions of employment that were fair and reasonable, and whether it complied with the minimum standards set out in the National Employment Standards.

In its decision, the Fair Work Commission found that the agreement was made in accordance with the statutory requirements for good faith bargaining and procedural fairness. The Commission noted that the employer had engaged in meaningful negotiations with the union and had made a genuine effort to reach an agreement. The Commission also found that the agreement contained terms and conditions of employment that were fair and reasonable, and that it complied with the minimum standards set out in the National Employment Standards. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission made orders approving the RFDS, Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2015 (Alice Springs, Adelaide & Port Augusta), subject to certain modifications. The modifications related to the calculation of penalty rates for certain shift differentials, and the inclusion of a clause allowing for the variation of the agreement by the parties in certain circumstances. The Commission also made orders setting out the effective date of the agreement and the period during which it would remain in force.

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