Royal Flying Doctor Service Of Australia (Western Operations)

[2023] FWCA 64

[2023] FWCA 64

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Flying Doctor Service Of Australia (Western Operations)

(AG2022/5217)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) RETRIEVAL NURSE ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2023

Application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Retrieval Nurse Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Retrieval Nurse Enterprise Agreement 2022 (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.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. The Notice of Employee Representational Rights issued in relation to this Agreement was not in the prescribed form. The title of the Agreement in the NERR was the ‘Nurses Enterprise Agreement 2022’. The title of the Agreement in cl.1 is the ‘Royal Flying Doctor Service of Australia – Western Operations Retrieval Nurses Agreement 2022’. I am satisfied this constitutes a minor and technical error and exercise the discretion conferred under s.188(2) of the Act in relation to it.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Australian Nursing and Midwifery Federation 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2023. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518817  PR749495>

Annexure A