Royal Flying Doctor Service of Australia (Queensland Section) Limited

[2023] FWCA 3146

[2023] FWCA 3146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Queensland Section) Limited

(AG2023/2784)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED SUPPORT SERVICES ENTERPRISE AGREEMENT 2023-2027

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 28 SEPTEMBER 2023

Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2023-2027

1. Royal Flying Doctor Service of Australia (Queensland Section) Limited (the Employer) has applied for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

1. One of the Independent Bargaining Representatives contacted my chambers providing a response to the concerns raised by the Commission. I invited the Employer to provide submissions in respect to her response.  I also noted that classifications G & H are not within the classifications of the Agreement, but are within the agreement being replaced, the Royal Flying Doctor Service of Australia (Queensland Section) Limited Support Services Enterprise Agreement 2019 – 2023.  I noted that the 2019 -2013 Agreement might continue to apply to employees in classifications G & H.  

1. The Employer provided a written response to the concerns raised by the Independent Bargaining Representative and my additional concern. The Employer confirmed this matter has been considered by the Employer, and that it will continue to ensure that its staff in Bands G and H are employed on terms that are no less favourable. 

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Municipal, Administrative, Clerical and Services Union the Services Union) 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) of the Act I note that the Agreement covers the Services Union.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2023.  The nominal expiry date of the Agreement is 28 September 2027.

COMMISSIONER

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Annexure A – Undertakings