| [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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- AGLC
- Royal Flying Doctor Service of Australia (Queensland Section) Limited T/A Royal Flying Doctor Service of Australia Queensland Section [2024] FWCA 1983
- Case
- [2024] FWCA 1983
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval. Specifically, the court had to determine if the agreement had been fairly and properly negotiated, and if it provided for a proper balance between the interests of the employer and employees. The court also had to consider if the agreement contained all the necessary provisions, including those mandated by the Fair Work Act 2009.
In delivering its decision, the Fair Work Commission found that the enterprise agreement had been fairly and properly negotiated, and it provided for an appropriate balance between the interests of the employer and the employees. The court was satisfied that all the necessary provisions were included in the agreement and that it complied with the requirements of the Fair Work Act 2009. As a result, the court approved the enterprise agreement, enabling it to take effect on the specified date.
The Fair Work Commission ordered that the Royal Flying Doctor Service of Australia (Queensland Section) Limited Pilots Enterprise Agreement 2023 be approved and registered. This decision ensures that the agreement will govern the employment conditions of the pilots for the duration specified in the agreement, providing a stable and legally binding framework for their working relationship with the employer.
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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