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

[2019] FWCA 3449

[2019] FWCA 3449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service of Australia Central Operations
(AG2019/78)

ROYAL FLYING DOCTOR SERVICE CENTRAL OPERATIONS FLIGHT NURSES (AUSTRALIAN NURSING AND MIDWIFERY FEDERATION) AGREEMENT 2018 (ALICE SPRINGS, DARWIN, ADELAIDE AND PORT AUGUSTA)

Airline operations
COMMISSIONER PLATT	ADELAIDE, 17 MAY 2019

Application for approval of the Royal Flying Doctor Service Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2018 (Alice Springs, Darwin, Adelaide and Port Augusta).

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2018 (Alice Springs, Darwin, Adelaide and Port Augusta) (the Agreement) 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 of Australia Central Operations. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 April 2019.

[3] On 2 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 May 2019. The undertaking deals with the following topics:

•  The Agreement shall operate 7 days from the date it is approved by the Commission.

•  A National Employment Standards (NES) precedence clause has been inserted.

•  The definition of a shift worker will be as defined in the Nurses Award 2010 (the Award) and be for the purposes of the NES.

•  Despite clause 18.1 of the Agreement, these employees are entitled to 6 weeks annual leave per annum.

•  Flight Nurses operating from Darwin will be entitled to the same rates of pay detailed for Flight Nurses operating from the Alice Springs base.

•  Casual employees will be:

•  subject to a two (2) hour minimum engagement;

•  entitled to overtime rates in accordance with the Award; and

•  entitled to allowances for clothing and equipment, meal and travel in accordance with the Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Australian Nursing and Midwifery Federation (ANMF)”, 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 May 2022.

COMMISSIONER

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