Royal Flying Doctor Service Of Australia (South Eastern Section)
[2025] FWCA 1963
•13 JUNE 2025
| [2025] FWCA 1963 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Royal Flying Doctor Service Of Australia (South Eastern Section)
(AG2025/1570)
ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH EASTERN SECTION) ENGINEERING ENTERPRISE AGREEMENT 2025
| Airline operations | |
| COMMISSIONER P RYAN | SYDNEY, 13 JUNE 2025 |
Application for approval of the Royal Flying Doctor Service of Australia (South Eastern Section) Engineering Enterprise Agreement 2025
Royal Flying Doctor Service of Australia (South Eastern Section) (Employer) has made an application for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South Eastern Section) Engineering Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
One of the issues identified concerned the special provisions for shiftworkers set out in clause 17 of the Airline Operations – Ground Staff Award 2020 (Award). I have accepted the Employer’s submission that it presently does not employ shiftworkers and it is not reasonably foreseeable that it will employ shiftworkers for the term of the Agreement (see s.193A of the FW Act). I note that if those circumstances change an application under s.227A is available for a reconsideration of the better off overall test.
National Employment Standards
I observe that some aspects of clauses 39.2 and 40.3 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Delegates’ rights term
The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 31A of the Award is taken to be a term of the Agreement.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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