DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2020/2269)

ROYAL FLYING DOCTOR SERVICE (WESTERN OPERATIONS) PILOTS ENTERPRISEAGREEMENT 2018 - 2020

Ambulance and patient transport
COMMISSIONER WILLIAMS	PERTH, 24 AUGUST 2020

Application for approval of the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2018 - 2020 (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 of the Act 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) of the Act 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 31 August 2020. The nominal expiry date of the Agreement is 23 August 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Royal Flying Doctor Service of Australia (Western Operations) for the approval of the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2018 - 2020. The applicants sought to have the agreement registered by the Commission, which would make it a legally binding instrument under the Fair Work Act 2009. The dispute arose as the applicants needed to ensure that the terms and conditions of employment for their pilots were fairly and appropriately set out in the enterprise agreement.

The legal issues before the Commission included whether the agreement met the formal requirements of the Fair Work Act, including whether it was made in accordance with the procedural fairness requirements. The Commission had to consider whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to determine if the agreement was in the best interest of the employees and if it complied with the public interest.

The Fair Work Commission found that the agreement was made in accordance with the procedural fairness requirements and was genuinely negotiated. The Commission concluded that the agreement contained all the necessary minimum terms and conditions and was in the best interest of the employees. The Commission also found that the agreement complied with the public interest and did not negatively impact the broader community. As a result, the Commission approved the Royal Flying Doctor Service (Western Operations) Pilots Enterprise Agreement 2018 - 2020 and registered it as a certified agreement.

The Fair Work Commission’s decision to approve and register the enterprise agreement ensures that the terms and conditions of employment for the pilots are legally binding and provide a fair and reasonable framework for their employment. The registration of the agreement also provides certainty and stability for both the Royal Flying Doctor Service of Australia (Western Operations) and its pilots.

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