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
(AG2015/2119)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA, CENTRAL OPERATIONS AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 18 MARCH 2015

Application for approval of the Royal Flying Doctor Service of Australia, Central Operations Aircraft Engineers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia, Central Operations Aircraft Engineers Enterprise Agreement 2015 (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] In so finding, I note that various leave provisions in the Agreement refer to RFDS policies. In accordance with s.55 and s.56 of the Act, these provisions will apply subject to the operation of the relevant National Employment Standards.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Royal Flying Doctor Service of Australia Central Operations, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, intended for Aircraft Engineers, was challenged by the Australian Services Union, which argued it did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner R M Saunders.

The primary legal issue before the Commission was whether the enterprise agreement was made in accordance with the Act, particularly whether it was "genuinely agreed" by the parties as required. The applicant argued that the agreement was indeed genuine and had been fairly negotiated, with sufficient consultation and participation by the relevant employees. The respondent, however, contended that there was insufficient evidence to demonstrate that the agreement had been genuinely negotiated and agreed upon by the employees.

After considering the evidence, the Commission found that the agreement was indeed genuinely negotiated and agreed upon by the parties. The evidence demonstrated that the agreement was developed through a process of meaningful consultation and negotiation between the parties, and that the employees had participated in this process. The Commission concluded that the agreement met the statutory requirements and was therefore approved. The application was thus successful, and the enterprise agreement was approved by the Commission.

The Fair Work Commission approved the Royal Flying Doctor Service of Australia Central Operations Aircraft Engineers Enterprise Agreement 2015. The Commission found that the agreement was genuinely negotiated and agreed upon by the parties, and that it met the statutory requirements of the Fair Work Act 2009. The agreement is now approved and can be registered with the Fair Work Commission.

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