DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal Flying Doctor Service of Australia (South Eastern Section)
(AG2014/10453)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH-EASTERN SECTION) NEW SOUTH WALES PILOTS AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 23 JANUARY 2015

Application for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) New South Wales Pilots Agreement 2014.

[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 Pilots Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Royal Flying Doctor Service Of Australia (South-Eastern Section)(the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 December 2014. The application included a Statutory Declaration of Avi Kumar made on behalf of the Employer and dated 18 December 2014, (the Declaration). The Declaration stated that the Agreement was made on 18 December 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration, and some further material provided in support of the application. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 23 January 2015. I note that the file has included a Statutory Declaration of Andrew Molnar made on behalf of the Australian Federation of Air Pilots (the AFAP), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 35 and a consultation term at clause 36.

[6] 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.

[7] The AFAP, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AFAP.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 30 January 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Royal Flying Doctor Service of Australia (South Eastern Section) and the Australian Licensed Aircraft Engineers Association, applied for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) New South Wales Pilots Agreement 2014. The respondents, the Australian and International Pilots Association and the Transport Workers Union of Australia, opposed the application on the basis that the agreement was not made in good faith and was not in the public interest. The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the agreement had been made in good faith and whether it was in the public interest. The applicants argued that the agreement was made in good faith and represented the best outcome for all parties involved. The respondents contended that the agreement was not made in good faith and was not in the public interest, as it did not adequately protect the rights and interests of the pilots.

The Commission found that the agreement had been made in good faith and was in the public interest. The Commission considered the evidence presented by both parties and determined that the agreement represented a fair and reasonable outcome for all parties. The Commission also noted that the agreement had been negotiated in accordance with the relevant legislative framework and that it provided for appropriate protections for the pilots.

The Fair Work Commission approved the Royal Flying Doctor Service of Australia (South-Eastern Section) New South Wales Pilots Agreement 2014. The Commission found that the agreement was made in good faith and was in the public interest. The Commission also noted that the agreement provided for appropriate protections for the pilots and represented a fair and reasonable outcome for all parties.

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