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
(AG2015/2798)

ROYAL FLYING DOCTOR SERVICE, CENTRAL OPERATIONS, OPERATIONS CO-ORDINATORS AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 1 JUNE 2015

Application for approval of the Royal Flying Doctor Service, Central Operations, Operations Co-ordinators Agreement 2014.

[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 2014 (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] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[3] 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.

[4] The CPSU, 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) of the Act 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 8 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service, Central Operations, the Fair Work Commission was tasked with approving an Operations Co-ordinators Agreement 2014. The applicant, the Royal Flying Doctor Service of Australia Central Operations, sought the Commission's approval of the agreement in accordance with the Fair Work Act 2009. The dispute centred around the terms of the agreement, which was intended to govern the relationship between the employer and the operations co-ordinators, who were represented by the Australian Services Union.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms, including those related to pay and conditions, and whether it was consistent with the overarching principles of the Act, such as the protection of employees' rights and interests. Another key point of consideration was whether the agreement adequately reflected the balance of power between the parties and ensured that the operations co-ordinators' rights were not unfairly prejudiced.

After examining the contents of the Operations Co-ordinators Agreement 2014, the Commission concluded that the agreement was fair and reasonable. The terms of the agreement were deemed to be consistent with the Fair Work Act, offering protections that aligned with the broader objectives of the legislation. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, and that it did not unjustifiably disadvantage the operations co-ordinators. Consequently, the Commission approved the agreement, finding it to be compliant with the necessary statutory requirements.

As a result of the Commission's approval, the Operations Co-ordinators Agreement 2014 was authorised under section 234 of the Fair Work Act. This decision sets a precedent for similar agreements within the sector, providing clarity on the standards that must be met for such agreements to be approved. The approval of the agreement ensures that the operations co-ordinators' terms and conditions of employment are legally recognised and enforceable.

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