DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Queensland Section) Limited
(AG2015/3158)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED NURSES ENTERPRISE AGREEMENT 2014 - 2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 7 JULY 2015

Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Nurses Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Nurses Enterprise Agreement 2014 - 2018 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Flying Doctor Service of Australia (Queensland Section) Limited (the Employer). The agreement is a single enterprise agreement.

[2] On 3 July 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Queensland Nurses’ Union of Employees (QNU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Royal Flying Doctor Service of Australia (Queensland Section) Limited, sought approval of a Nurses Enterprise Agreement 2014 - 2018. The dispute was heard in the Fair Work Commission, where the primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate, while the respondent, the Australian Council of Trade Unions, contended that the agreement did not meet certain criteria.

The court examined whether the agreement contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements set out in the Act. It was also necessary to consider whether the agreement was in the best interests of the employees. The court found that the agreement contained all the required minimum terms and conditions and was procedurally sound. However, the court did not approve the agreement due to concerns regarding the provisions related to shift penalties, which were deemed to be unfair to the employees.

The court's decision hinged on the interpretation of the provisions concerning shift penalties, which it found to be unreasonable. The court noted that the agreement provided for a penalty rate of only 25% above the base rate for shifts worked on a Sunday or public holiday, which was significantly lower than the industry standard. The court concluded that these provisions were not in the best interests of the employees and therefore did not approve the agreement.

The Fair Work Commission did not approve the Nurses Enterprise Agreement 2014 - 2018 due to concerns regarding the provisions related to shift penalties. The applicant was directed to negotiate with the respondent to address these issues and submit an amended agreement for approval.

Royal Flying Doctor Service of Australia (Queensland Section) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established