DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2015/3454)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) NURSES AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Nursing 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 Nursing Federation, Industrial Union of Workers Perth, 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 this organisation.

[4] The Agreement was approved on 6 August 2015 and, in accordance with s.54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Royal Flying Doctor Service of Australia (Western Operations) sought approval of a nursing agreement entered into with the respondents, the Australian Nursing and Midwifery Federation, the Health Services Union of Australia, and the National Tertiary Education Industry Union. The agreement sought to establish a new enterprise agreement for nurses employed by the applicant for a period of three years. The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the process through which the agreement was negotiated was fair and compliant with relevant provisions.

The Commission considered the provisions of the Fair Work Act, including the requirements for the content and negotiation of enterprise agreements. The applicant argued that the agreement was made in good faith and that the negotiation process was fair. The respondents contested the fairness of the negotiation process and the agreement's compliance with statutory requirements. The Commission examined the evidence presented by both parties and assessed whether the agreement was made in accordance with the Act, including whether it contained the necessary minimum terms and conditions and whether the negotiation process was fair. After careful consideration, the Commission found that the agreement was made in good faith and that the negotiation process was fair. The Commission approved the agreement, finding that it met the statutory requirements and was therefore eligible for registration.

The Commission's decision was based on a detailed examination of the evidence and a thorough analysis of the relevant legal provisions. The approval of the agreement ensures that the terms and conditions of employment for nurses employed by the applicant are governed by a legally binding enterprise agreement. The decision provides clarity and certainty for both the applicant and the respondents and ensures that the agreement is compliant with the requirements of the Fair Work Act.

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