DECISION

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

Royal Flying Doctor Service of Australia (South Eastern Section)
(AG2020/2540)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH EASTERN SECTION) NSW PILOTS ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT CROSS	SYDNEY, 24 SEPTEMBER 2020

Application for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) NSW Pilots Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South Eastern Section) NSW Pilots Enterprise Agreement 2018 (‘the Agreement’). The application was made by Royal Flying Doctor Service of Australia (South Eastern Section) (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Federation of Air Pilots (“the AFAP”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AFAP.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Royal Flying Doctor Service of Australia (South Eastern Section) was the applicant, and the Australian and International Pilots Association acted as the respondent. The crux of the dispute revolved around the application for the approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) NSW Pilots Enterprise Agreement 2018. The Commission was tasked with determining whether the application met the statutory requirements and whether the agreement should be approved.

The central legal issues before the Commission involved the interpretation and application of the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement adhered to the mandated terms and conditions, whether it contained necessary provisions for the protection of employees, and if it was made in good faith. Additionally, the Commission considered the implications of the agreement on the industrial relations landscape, including its potential impact on the workforce and the broader aviation industry.

The Commission meticulously reviewed the contents of the agreement and the submissions made by both parties. It found that the agreement contained all the necessary provisions as required by the Act and was made in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and it was not detrimental to the employees or the industry. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements and in the best interests of the workforce and the aviation sector.

No further orders were made by the Commission. The approval of the Royal Flying Doctor Service of Australia (South Eastern Section) NSW Pilots Enterprise Agreement 2018 was upheld, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the parties moving forward.

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