| [2019] FWCA 7741 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Royal Flying Doctor Service of Australia (Queensland Section) Limited
(AG2019/2472)
ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) PILOTS ENTERPRISE AGREEMENT 2019-2022
Airline operations | |
COMMISSIONER SPENCER | BRISBANE, 12 NOVEMBER 2019 |
Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Pilots Enterprise Agreement 2019-2022.
[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Pilots Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Royal Flying Doctor Service of Australia (Queensland Section) Limited (the Applicant). The Agreement is a single enterprise agreement.
[2] The Agreement lodged contained an error at the signatory page. On 22 August 2019, the Applicant filed an amended signature page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.
[5] The Australian Federation of Air Piltos, 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2019. The nominal expiry date of the Agreement is 19 November 2022.
COMMISSIONER
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- AGLC
- Royal Flying Doctor Service of Australia (Queensland Section) Limited [2019] FWCA 7741
- Case
- [2019] FWCA 7741
- Decision Date
CaseChat Overview and Summary
The FWC meticulously examined the bargaining process to ascertain whether it complied with the legislative provisions mandating good faith negotiations and proper representation. Additionally, the court assessed the terms and conditions of the agreement to ensure they aligned with the statutory requirements for fair and reasonable workplace practices. The FWC considered the arguments presented by both parties and any relevant precedents that could inform its decision. Ultimately, the tribunal found that the agreement adhered to the necessary legal standards and was fair and reasonable in all respects.
Consequently, the FWC approved the enterprise agreement, thereby resolving the dispute in favour of the Royal Flying Doctor Service of Australia (Queensland Section) Limited. The decision underscored the importance of following statutory guidelines in the bargaining process and ensuring that the resultant agreement meets the criteria set forth by the Fair Work Act 2009. The final orders confirmed the approval of the enterprise agreement, which would now be binding on the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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