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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Federation of Air Pilots, as the representative of certain pilots employed by the Royal Flying Doctor Service of Australia (South Eastern Section), sought to extend the post-industrial action negotiating period beyond the 28 days provided for by the Fair Work Act 2009. The Federal Court was tasked with determining whether the Fair Work Commission had the authority to extend this period to 42 days.

The central issue before the Court was whether the Fair Work Commission had the discretion to extend the post-industrial action negotiating period beyond the statutory limit set by section 258(2) of the Fair Work Act. The Court had to interpret the scope of the Commission's powers in the context of industrial action and the negotiation process. It also had to consider whether there were any circumstances in which the Commission could lawfully extend this period, given the statutory provisions and the legislative framework governing industrial relations.

The Court held that the Fair Work Commission did not have the authority to extend the post-industrial action negotiating period to 42 days. It found that the statutory language was clear and unambiguous, limiting the negotiation period to 28 days. The Court emphasised that any extension of this period would require legislative amendment rather than administrative action by the Commission. The decision underscored the importance of adhering to statutory limits in the context of industrial relations and the role of the Court in interpreting legislative provisions.

The Court's decision was final and binding, with no further orders required. The Federal Court's ruling confirmed the limits on the Fair Work Commission's powers in relation to extending the post-industrial action negotiating period, thereby providing clarity for future cases involving similar issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established