Royal Flying Doctor Service Of Australia (Queensland Section) Limited T/A Royal Flying Doctor Service Of Australia Queensland Section

[2024] FWCA 1219

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

(AG2024/718)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED NURSES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 4 APRIL 2024

Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Nurses 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 Nurses 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.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 4.3 of the Agreement, 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 Nursing and Midwifery Federation / Queensland Nurses and Midwives’ Union (ANMF) 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 ANMF.

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

In the matter of the Fair Work Commission, the Royal Flying Doctor Service of Australia (Queensland Section) Limited T/A Royal Flying Doctor Service of Australia Queensland Section applied for approval of their Nurses Enterprise Agreement 2023. The application was made under section 230 of the Fair Work Act 2009, which empowers the Commission to approve an agreement if it determines that it meets certain conditions. The primary dispute centred around the terms and conditions of employment for nurses employed by the organisation, with specific focus on pay rates, conditions of work, and other employment provisions.

The legal issues the Commission was required to decide included whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the provisions of the Fair Work Act, including the notion of 'better off overall' for the employees. Additionally, the Commission needed to consider if the agreement included adequate provisions for the protection of employee rights and interests, and whether it adhered to the requirements for public notification and consultation.

The Commission, after reviewing the application, determined that the Nurses Enterprise Agreement 2023 met the statutory criteria for approval. The agreement provided fair and reasonable terms and conditions, ensuring the employees were better off overall. The Commission found that the agreement included adequate provisions for employee rights and interests, and that the required public notification and consultation processes had been adequately followed. Consequently, the Commission approved the agreement, recognising its compliance with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established