Royal Flying Doctor Service of Australia (Queensland Section)

[2014] FWCA 3191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Queensland Section)
(AG2014/562)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED SUPPORT SERVICES ENTERPRISE AGREEMENT 2013-2016

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 16 MAY 2014

Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2013-2016 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by the Royal Flying Doctor Service of Australia (Queensland Section). The agreement is a single-enterprise agreement.

[2] On reviewing the application clarification was sought about various matters. The Applicant subsequently provided the following advice. Firstly, no employee engaged at the Band A classification level is required to work on a regular basis between 7 p.m. to 7 a.m. on weekends or public holidays. Secondly, in relation to clause 18.6 an employee who elects to be paid overtime and not claim time in lieu will be paid for that overtime at the same applicable accumulation rate. Finally, excess agreed hours are not worked on a regular basis by part-time employees.

[3] The Applicant indicated it was also prepared to provide undertakings in regard to the matters referred to above concerning work on weekends or public holidays, and the arrangements that apply when overtime is worked. Details about those undertakings have also been provided to the Australian Services Union, who are a bargaining representative for employees covered by the Agreement. I have accepted those undertakings which are attached to this decision and will now form part of the Agreement.

[4] The Applicant has also indicated that the RFDS Super Plan is a sub plan of AMP CustomSuper which is part of the AMP Superannuation Savings Trust, and through this connection offers a MySuper product.

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

[6] The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Attachment A:

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CaseChat Overview and Summary

In the matter of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2013-2016, the Fair Work Commission was called upon to assess and approve the proposed agreement, as it pertained to the employment conditions of support services employees. The dispute arose from negotiations between the employer and the union representing the employees, which culminated in the submission of the proposed agreement for approval. The court was tasked with ensuring that the agreement met all the necessary legislative requirements and was fair and reasonable in its terms and conditions.

The central legal issues before the commission included whether the agreement complied with the Fair Work Act 2009 and whether it was appropriate to approve the agreement given its provisions. Key considerations involved the assessment of whether the agreement provided for fair remuneration, reasonable working hours, adequate leave provisions, and appropriate dispute resolution mechanisms. The commission also examined whether the agreement adequately represented the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement was compliant with the relevant provisions of the Fair Work Act 2009. It determined that the agreement provided for fair terms and conditions, including appropriate remuneration, reasonable working hours, and adequate leave provisions. The commission was satisfied that the agreement included necessary dispute resolution mechanisms and represented the interests of both parties fairly. Consequently, the commission approved the agreement, deeming it to be in the best interests of all involved parties.

The final orders of the commission included the approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2013-2016, effective from the date of approval. The agreement was to be binding on the employer and the employees represented by the union, and all parties were directed to comply with its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established