Royal Flying Doctor Service of Australia (Western Operations)

[2014] FWCA 3213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2014/1084)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) COORDINATION CENTRE ENTERPRISE AGREEMENT 2014-2016

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 16 MAY 2014

Application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2014-2016.

[1] On 9 May 2014, Royal Flying Doctor Service of Australia (Western Operations) made application for approval of a single enterprise agreement to be known as the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2014-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 28 April 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Community and Public Sector Union (CPSU) has declared that the CPSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CPSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the CPSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 23 May 2014.

[7] The nominal expiry date of this Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2014-2016 was heard by the Fair Work Commission. The applicant, the Royal Flying Doctor Service of Australia (Western Operations), sought approval of the proposed enterprise agreement to govern the terms and conditions of employment for its employees within the Coordination Centre. The dispute centred on whether the agreement met the legal requirements for approval, particularly in terms of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it contained all the mandated terms and conditions of employment. Additionally, the Commission had to determine if the agreement facilitated a productive workplace relationship between the parties and if it complied with the statutory requirements for minimum entitlements and other workplace standards. The Commission also examined whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

In making its decision, the Commission carefully considered the evidence presented by both parties. The Commission found that the agreement was made in good faith and contained all the mandated terms and conditions of employment. It also determined that the agreement facilitated a productive workplace relationship and complied with the statutory requirements for minimum entitlements and other workplace standards. The Commission further found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2014-2016, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees within the Coordination Centre until the next scheduled review or until terminated in accordance with the agreement or the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established