Royal Flying Doctor Service of Australia (Western Operations)

[2023] FWCA 1746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)

(AG2023/1629)

ROYAL FLYING DOCTOR SERVICE (WESTERN OPERATIONS) PILOTS ENTERPRISE AGREEMENT 2023

Ambulance and patient transport
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 JUNE 2023

Application for approval of the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2023

Royal Flying Doctor Service of Australia (Western Operations) (the Applicant) has made an application for the approval of an enterprise agreement known as the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Federation of Air Pilots (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 20 June 2023 and, in accordance with s 54, will operate from 27 June 2023. The nominal expiry date of the Agreement is 20 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2023. The applicant, the Royal Flying Doctor Service of Australia (Western Operations), sought the court's approval of the agreement, which was intended to govern the employment conditions of pilots employed by the organisation. The application was brought under the Fair Work Act 2009, and the case was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the court needed to determine if the agreement had been fairly negotiated and if the requisite procedures for its negotiation had been followed. Substantively, the court had to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of the pilots and the organisation.

The court found that the agreement was fairly negotiated and that all required procedures had been followed. In terms of the substantive requirements, the court considered various factors, including the terms of the agreement, the evidence presented by both parties, and the interests of the pilots and the organisation. The court concluded that the agreement provided for fair and reasonable terms and conditions and was in the best interests of both parties. Consequently, the court approved the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2023.

The court's decision was final, and the agreement was approved for implementation. The agreement would now govern the employment conditions of the pilots employed by the Royal Flying Doctor Service of Australia (Western Operations) and would be in effect until the next agreed-upon date for review or until terminated or varied in accordance with 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