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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was presented with an application for the approval of the Royal Flying Doctor Service Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2018. This agreement governs the employment conditions of flight nurses operating in Alice Springs, Darwin, Adelaide, and Port Augusta. The application was made by the Royal Flying Doctor Service of Australia Central Operations, which is a division of the Royal Flying Doctor Service of Australia, a non-profit organisation dedicated to providing aeromedical services across Australia.

The primary legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the provisions of the Act and the Fair Work Regulations 2009. The Commission also had to ensure that the agreement did not discriminate against any group of employees and that it provided for proper consultation processes.

In delivering its decision, the Commission examined the terms and conditions set out in the agreement, assessing their fairness and reasonableness in light of the unique nature of the work performed by flight nurses. The Commission noted the specialised skills and high level of training required for this role, as well as the challenging and often remote working conditions. The agreement was found to provide for appropriate remuneration, leave entitlements, and other working conditions that were fair and reasonable, taking into account these factors. The Commission also confirmed that the agreement did not contain any discriminatory provisions and that the consultation processes were adequate.

The Fair Work Commission approved the Royal Flying Doctor Service Central Operations Flight Nurses (Australian Nursing and Midwifery Federation) Agreement 2018, effective from the date of the decision. This decision ensures that the employment conditions for flight nurses operating in the specified locations are governed by a fair and reasonable agreement, which provides for appropriate terms and conditions while recognising the unique nature of their work.

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