Royal Flying Doctor Service of Australia (South Eastern Section)

[2016] FWCA 1106

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (South Eastern Section)

(AG2016/2037)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH

EASTERN SECTION) COOPER BASIN NURSES AGREEMENT 2015

Health and welfare services

COMMISSIONER JOHNS

SYDNEY, 18 FEBRUARY 2016

Application for approval of the Royal Flying Doctor Service of Australia (South Eastern

Section) Cooper Basin Nurses Agreement 2015.

[1] On 7 January 2016 the Royal Flying Doctor Service of Australia (South Eastern

Section) (Applicant) made an application for approval of the Royal Flying Doctor Service of

Australia (South Eastern Section) Cooper Basin Nurses Agreement 2015 (Agreement). The

application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The

Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of

the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this

organisation.
[2016] FWCA 1106

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 25 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Royal Flying Doctor Service of Australia (South Eastern Section) (Applicant) which sought approval of the Royal Flying Doctor Service of Australia (South Eastern Section) Cooper Basin Nurses Agreement 2015. This application was made under section 185 of the Fair Work Act 2009 (Cth) and was submitted to the Fair Work Commission. The applicant was represented by the Australian Nursing and Midwifery Federation, a recognised bargaining representative for the agreement.

The primary legal issue before the Commission was whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement was lodged within the required timeframe, if the bargaining representative had given notice of their desire for the agreement to cover them, and if the agreement met the criteria set out in sections 186, 187, and 188 of the Act. The Commission needed to determine if all these conditions were satisfied to grant approval.

Upon review, the Commission found that the Agreement complied with all relevant sections of the Fair Work Act 2009. The Agreement was lodged within the 14-day period stipulated by law, and the Australian Nursing and Midwifery Federation had provided the necessary notice under section 183 of the Act. The Commission also confirmed that the Agreement met the conditions set out in sections 186, 187, and 188 of the Act. Consequently, the Commission approved the Agreement, which will take effect from 25 February 2016, with a nominal expiry date of 30 June 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established