Royal Flying Doctor Service of Australia (Queensland Section) Limited
[2023] FWCA 1286
•5 MAY 2023
| [2023] FWCA 1286 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Royal Flying Doctor Service of Australia (Queensland Section) Limited
(AG2023/897)
ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED MEDICAL OFFICERS ENTERPRISE AGREEMENT 2020 - 2023
| Health and welfare services | |
| COMMISSIONER SPENCER | BRISBANE, 5 MAY 2023 |
Application for variation of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Medical Officers Enterprise Agreement 2020 – 2023.
An application has been made for a variation of the enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Medical Officers Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act). It has been made by Royal Flying Doctor Service of Australia (Queensland Section) Limited (the Applicant).
The Applicant sought to amend the Agreement as set out in their application, by providing a wage increase and extending the Agreement by a further 12 months (Annexure A).
On 11 April 2023, the Australian Salaried Medical Officers Federation (the Union) submitted a Form F23B Declaration of employee organisation in relation to variation of an enterprise agreement, which indicated that they are covered by the Agreement and consented to the variation.
The Applicant has provided an undertaking, a copy of which is attached in Annexure B, to bring the amended nominal expiry date of the varied Agreement in line with the requirements of section 211(1)(b) of the Act. The Union has indicated their consent to the Applicant’s undertaking by their own undertaking, Annexure C. I am satisfied the undertaking will not result in substantial changes to the variation. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application, I am satisfied that each of the requirements of sections 210 and 211 and 212 of the Act, as are relevant to this application for approval have been met, that is; that a signed copy of the variation was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation. I am also satisfied that the Agreement, as varied, continues to pass the better off overall test.
In accordance with section 216 of the Act, the variation operates from 5 May 2023 until the nominal expiry date of 28 April 2024. A copy of the undertaking and variation is attached to this Decision.
COMMISSIONER
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