Royal Flying Doctor Service of Australia (South Eastern Section) v Australian Federation of Air Pilots

[2014] FWC 7017

[2014] FWC 7017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.266—Industrial action related workplace determination

Royal Flying Doctor Service of Australia (South Eastern Section)
v
Australian Federation of Air Pilots
(B2014/1439)

COMMISSIONER JOHNS MELBOURNE, 6 OCTOBER 2014

Extension of the post-industrial action negotiating period to 42 days.

[1] On 30 September 2014 the Fair Work Commission (Commission), issued a decision 1 and order,2 terminating all protected industrial action in relation to the proposed agreement replacing the Royal Flying Doctor Service of Australia (South Eastern Section) New South Wales Pilots Agreement 2010.

[2] On 2 October 2014 the Royal Flying Doctor Service of Australia (South Eastern Section) (RFDS) and the Australian Federation of Air Pilots (AFAP) jointly made an application for an order pursuant to section 266(4) of the Fair Work Act 2009 (Act) to extend the post-industrial action negotiating period.

[3] Section 266(3) and (4) of the Act provide:

Post-industrial action negotiating period

(3) The post-industrial action negotiating period is the period that:

(a) starts on the day on which the termination of industrial action instrument is made; and

(b) ends:

(i) 21 days after that day; or

(ii) if the FWC extends that period under subsection (4)—42 days after that day.

(4) The FWC must extend the period referred to in subparagraph (3)(b)(i) if:

(a) all of the bargaining representatives for the agreement jointly apply to the FWC for the extension within 21 days after the termination of industrial action instrument was made; and

(b) those bargaining representatives have not settled all of the matters that were at issue during bargaining for the agreement.

[4] The Commission, as presently constituted, is satisfied that the RFDS and the AFAP are the only bargaining representatives for the proposed agreement and that the application is made within 21 days after the termination of industrial action instrument was made.

[5] In its application, the RFDS noted that all matters which were at issue during bargaining have not yet been settled, although substantial progress has been made. The Commission is therefore also satisfied that the RFDS and AFAP have not settled all of the matters that were at issue during the bargaining for the proposed agreement.

[6] Accordingly, an Order must be made extending the post-industrial action negotiating period to 42 days. An Order will be issued concurrently with this decision.

COMMISSIONER

 1   [2014] FWC 6839

 2   PR556029

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<Price code A, PR556266>