Royal Flying Doctor Service of Australia (Victoria section) T/A Royal Flying Doctor Service, Victoria Summary

[2014] FWCA 4907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Victoria section) T/A Royal Flying Doctor Service, Victoria
(AG2014/6700)

ROYAL FLYING DOCTOR SERVICE VICTORIA ENTERPRISE AGREEMENT 2014

Ambulance and patient transport
COMMISSIONER JOHNS	MELBOURNE, 22 JULY 2014

Application for approval of the Royal Flying Doctor Service Victoria Enterprise Agreement 2014.

[1] On 7 July 2014 the Royal Flying Doctor Service of Australia (Victoria section) T/A Royal Flying Doctor Service, Victoria (Applicant) made an application for approval of the Royal Flying Doctor Service Victoria Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation and United Voice, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from the first pay cycle commencing after 29 July 2014. The nominal expiry date of the Agreement is 22 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Royal Flying Doctor Service of Australia (Victoria section) T/A Royal Flying Doctor Service, Victoria for approval of the Royal Flying Doctor Service Victoria Enterprise Agreement 2014. The dispute pertained to the terms and conditions of employment for the employees of the Royal Flying Doctor Service, Victoria, who were represented by the Australian Nursing and Midwifery Federation. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the criteria for approval.

The key legal issues before the Commission were whether the agreement contained the minimum terms and conditions prescribed by the Fair Work Act, and whether it had been made in good faith and without the coercion of any party. Additionally, the Commission had to consider whether the agreement was appropriate for the employees covered by it, taking into account the nature of the work performed and the circumstances of the parties.

In reaching its decision, the Commission considered the submissions and evidence presented by both parties. It found that the agreement contained all the minimum terms and conditions required by the Fair Work Act, and that it had been made in good faith and without any undue influence or coercion. The Commission also concluded that the agreement was appropriate for the employees covered by it, taking into account the nature of their work and the specific circumstances of the parties. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Royal Flying Doctor Service Victoria Enterprise Agreement 2014, finding it to be fair and reasonable, and containing the minimum terms and conditions required by the Fair Work Act. The agreement was made in good faith and without any undue influence or coercion, and was appropriate for the employees covered by it. The approval ensures that the employees of the Royal Flying Doctor Service, Victoria, will be covered by a modern, fair and flexible enterprise agreement that provides for their rights and entitlements.

Royal Flying Doctor Service of Australia (Victoria section) T/A Royal Flying Doctor Service, Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established