Royal Flying Doctor Service of Australia (Queensland Section) Limited T/A Royal Flying Doctor Service of Australia Queensland Section
[2024] FWCA 1983
•30 MAY 2024
| [2024] FWCA 1983 |
| 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 T/A Royal Flying Doctor Service of Australia Queensland Section
(AG2024/1438)
ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED PILOTS ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| COMMISSIONER DURHAM | BRISBANE, 30 MAY 2024 |
Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Pilots Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Pilots Enterprise Agreement 2023 (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 T/A Royal Flying Doctor Service of Australia Queensland Section (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 39.11 regarding withholding monies at termination, it was brought to the attention of the parties that this clause appears to be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act. However, noting clause 5.3 of the Agreement and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Federation of Air Pilots (AFAP) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AFAP.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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