DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2015/6217)

ROYAL FLYING DOCTOR SERVICE (WESTERN OPERATIONS) PILOTS COLLECTIVE AGREEMENT 2015 - 2018

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Royal Flying Doctor Service (Western Operations) Pilots Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service (Western Operations) Pilots Collective Agreement 2015 - 2018 (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 (Western Operations). 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 Australian Federation of Air Pilots being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Royal Flying Doctor Service (Western Operations) to approve the Royal Flying Doctor Service (Western Operations) Pilots Collective Agreement 2015 - 2018. The applicant was seeking the approval of the agreement to ensure its terms and conditions could be legally enforceable. The application was brought before the Commission to address any potential issues that might prevent the agreement from meeting the necessary legal standards.

The primary legal issue the Commission had to resolve was whether the collective agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "certified agreements," which are agreements that can be registered and enforced by the Fair Work Commission. This involved examining whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and whether it had been properly certified by an accredited organisation.

The Commission found that the collective agreement was in compliance with the Fair Work Act. The agreement had been made in good faith and contained all the necessary minimum terms. Furthermore, the agreement had been certified by an accredited organisation, fulfilling all the requirements for registration. Consequently, the Commission approved the agreement, allowing it to be legally binding on the parties involved.

The Fair Work Commission approved the Royal Flying Doctor Service (Western Operations) Pilots Collective Agreement 2015 - 2018, making it a legally enforceable document. This decision enabled the terms and conditions outlined in the agreement to be applied to the pilots employed by the Royal Flying Doctor Service (Western Operations).

Royal Flying Doctor Service of Australia (Western Operations)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established