DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (South Eastern Section)
(AG2020/801)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH EASTERN SECTION) ADMINISTRATION & MAINTENANCE OFFICERS ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2020

Application for approval of the Royal Flying Doctor Service of Australia (South Eastern Section) Administration & Maintenance Officers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South Eastern Section) Administration & Maintenance Officers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Royal Flying Doctor Service of Australia (South Eastern Section). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2020. The nominal expiry date of the Agreement is 1 April 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Royal Flying Doctor Service of Australia (South Eastern Section) and its administration and maintenance officers. The officers had entered into an enterprise agreement which was subject to approval by the Fair Work Commission. The matter was brought before the Commission by the officers, who sought approval of the agreement. The Commission had to decide whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it contained the mandatory terms prescribed by the Act. Additionally, the Commission had to consider if the agreement allowed for the proper operation of the organisation and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandatory terms required by the Act. The Commission noted that the agreement provided for the proper operation of the organisation and allowed for flexibility in the deployment of staff. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment for the officers. The Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the Royal Flying Doctor Service of Australia (South Eastern Section) Administration & Maintenance Officers Enterprise Agreement 2019, with minor modifications. The modifications related to the calculation of overtime rates and the provision of additional leave for shift workers. The Commission considered these modifications necessary to ensure that the agreement met the statutory requirements for approval.

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