Royal Flying Doctor Service of Australia (Queensland Section) Limited

[2013] FWCA 4165

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
(AG2013/1485)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) PILOTS ENTERPRISE AGREEMENT 2012-2016

Airline operations
COMMISSIONER BOOTH	BRISBANE, 28 JUNE 2013

Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Pilots Enterprise Agreement 2012-2016.

[1] An application has been made for approval of a single enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Pilots Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Royal Flying Doctor Service of Australia (Queensland Section) Limited.

[2] 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.

[3] On 27 June 2013 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Australian Federation of Air Pilots, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

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 the Fair Work Commission’s approval of the Royal Flying Doctor Service of Australia (Queensland Section) Pilots Enterprise Agreement 2012-2016. The dispute arose when the applicant proposed the enterprise agreement, which was to replace the existing pilots enterprise agreement, and submitted it for approval under the Fair Work Act 2009. The primary concern was whether the proposed agreement met the criteria for direct approval under the Act, specifically focusing on the agreement's terms and whether it provided for the fair and reasonable terms of employment.

The court was required to decide whether the proposed enterprise agreement provided for fair and reasonable terms of employment and whether it complied with the procedural requirements set out in the Fair Work Act. This involved assessing if the agreement was genuinely negotiated, whether it covered all necessary matters, and if it adhered to the provisions of the Act regarding direct approval.

In examining the proposed agreement, the court considered the evidence provided by the applicant and the submissions made by the parties. The court found that the agreement had been genuinely negotiated and covered all required matters. The terms of the agreement were deemed fair and reasonable, and it was in compliance with the procedural requirements of the Act. Consequently, the court approved the enterprise agreement under the Fair Work Act, ensuring it would come into effect on the specified date.

The final orders of the court were that the Royal Flying Doctor Service of Australia (Queensland Section) Pilots Enterprise Agreement 2012-2016 be approved as a registered agreement under section 174 of the Fair Work Act 2009, effective from the date specified in the agreement. The court's decision provided clarity on the terms and conditions of employment for the pilots and ensured the agreement met the statutory requirements for direct approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established