DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (South Eastern Section)
(AG2021/5152)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH-EASTERN SECTION) (MASCOT) ENGINEERS AGREEMENT 2021

Airline operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 MAY 2021

Application for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Royal Flying Doctor Service of Australia (South Eastern Section) (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 26 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Airline Operations – Ground Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Royal Flying Doctor Service of Australia (South Eastern Section) and the application for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2021. The dispute centred on the terms and conditions of employment for the engineers employed by the service, specifically those at the Mascot base. The applicants sought to have the proposed agreement approved, while the respondents raised concerns regarding certain provisions of the agreement.

The legal issues before the commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including provisions relating to the protection of employees' rights, entitlements and conditions of employment. The commission was required to determine whether the agreement was fair and reasonable, and whether it provided adequate protection for the employees' interests.

In its decision, the commission found that the proposed agreement was fair and reasonable, and provided adequate protection for the employees' interests. The commission accepted that the agreement provided for a comprehensive set of terms and conditions of employment, which were consistent with the overall objective of ensuring fair and equitable treatment of the employees. The commission noted that the agreement provided for a range of protections and entitlements for the employees, including provisions relating to wages, leave, overtime and other benefits. The commission was satisfied that the agreement provided for a fair and reasonable balance between the interests of the employees and the employer.

The commission approved the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2021, subject to certain modifications to address the concerns raised by the respondents. The modifications related to the provision of additional leave entitlements and the clarification of certain provisions relating to the calculation of overtime. The commission considered that these modifications were necessary to ensure that the agreement provided adequate protection for the employees' interests and complied with the relevant provisions of the Fair Work Act.

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