Royal Flying Doctor Service of Australia (South Eastern Section)

[2020] FWCA 4299

[2020] FWCA 4299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (South Eastern Section)
(AG2020/2062)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH-EASTERN SECTION) ENGINEERS AGREEMENT 2020

Airline operations
COMMISSIONER LEE	MELBOURNE, 14 AUGUST 2020

Application for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) Engineers Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South-Eastern Section) Engineers Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.3 – Termination;

•  Clause 26.6 – Annual Leave; and

● Clause 28.1 – Personal/Carers Leave

However, noting the written undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2020. The nominal expiry date of the Agreement is 21 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A