Royal Flying Doctor Service Of Australia (South Eastern Section)

[2023] FWCA 2608

[2023] FWCA 2608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Royal Flying Doctor Service Of Australia (South Eastern Section)

(AG2023/2529)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH EASTERN SECTION) MEDICAL PRACTITIONERS AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 AUGUST 2023

Application for approval of the Royal Flying Doctor Service of Australia (South Eastern Section) Medical Practitioners Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South Eastern Section) Medical Practitioners Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

1. The application was required to be filed within 14 days after it was made in accordance with s.185(3) of the Act. The Agreement was made on 11 July 2023. The application for approval was not filed until 27 July 2023. Accordingly, it was not filed within the statutory timeframe. Having received further submissions from the Applicant, I consider it fair in all the circumstances to extend the time for making the application pursuant to s.185(3)(b) and I hereby extend the period until 27 July 2023.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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. I note that the undertakings include a provision to the effect that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

2. I note that prior to this this decision being issued the Applicant identified with the Commission what it describes as an obvious error in clause 26.1(a) and an ambiguity or uncertainty in Annexure 1 Remuneration. The Applicant has foreshadowed proposed variations to those provisions under s.218A and s.217 of the Act respectively once the Agreement is approved.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521165  PR765299>

Annexure A