Royal Flying Doctor Service of Australia (Queensland Section) Limited

[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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CaseChat Overview and Summary

The applicant, the Royal Flying Doctor Service of Australia (Queensland Section) Limited, sought to have the Fair Work Commission vary the terms of the Medical Officers Enterprise Agreement 2020 – 2023. The dispute involved the proposed changes to the agreement, which were intended to reflect changes in the operational needs of the service. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment and industrial relations matters in Australia.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were appropriate and justified under the relevant legislative framework. The applicant argued that the changes were necessary to address operational efficiencies and to ensure the continued viability of the service. The Commission needed to determine if the proposed changes were consistent with the principles of the Fair Work Act 2009 and whether they met the requirements for a fair and reasonable agreement.

The Commission found that the applicant had demonstrated a genuine need for the proposed changes, which were aimed at improving operational efficiencies and maintaining the service's capacity to meet its mission. The changes included adjustments to working conditions and hours, which were considered necessary to accommodate the unique operational requirements of the Royal Flying Doctor Service. The Commission determined that the proposed changes were fair and reasonable, and therefore varied the enterprise agreement accordingly.

The Fair Work Commission varied the Medical Officers Enterprise Agreement 2020 – 2023 to reflect the changes proposed by the applicant. The new terms were deemed to be fair and reasonable, and consistent with the principles of the Fair Work Act. The decision recognised the unique operational needs of the Royal Flying Doctor Service and the importance of maintaining its capacity to provide essential services across regional and remote areas of Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established