DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (South Eastern Section)
(AG2015/4192)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH EASTERN SECTION) NEW SOUTH WALES NURSES AGREEMENT 2015.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 AUGUST 2015

Application for approval of the Royal Flying Doctor Service of Australia (South Eastern Section) New South Wales Nurses Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South Eastern Section) New South Wales Nurses Agreement 2015 (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 (South Eastern Section). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2015. The nominal expiry date of the Agreement is 2 September 2019.

DEPUTY PRESIDENT

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) and several nurses who were represented by a union. The applicants sought the approval of the New South Wales Nurses Agreement 2015, which was intended to regulate the employment terms and conditions of the nurses working for the organisation. The matter was heard by the Fair Work Commission.

The primary legal issue before the commission was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement contained all the mandated minimum terms and conditions as required by the act, and if it was made in good faith and without coercion. Another point of contention was whether the agreement was fair and reasonable in all its aspects.

The commission found that the proposed agreement was in compliance with the statutory requirements of the act. It contained all the mandated minimum terms and conditions, and was made in good faith, without any element of coercion. Furthermore, the commission held that the agreement was fair and reasonable in all its aspects. Consequently, the commission approved the agreement.

As a result of the commission's decision, the New South Wales Nurses Agreement 2015 was approved, and the terms and conditions outlined within it became legally binding on the parties involved. The agreement was to be applied to the nurses employed by the Royal Flying Doctor Service of Australia (South Eastern Section) in New South Wales.

Royal Flying Doctor Service of Australia (South Eastern Section)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established