DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2019/87)

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

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Nurses Agreement 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] 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.

[3] 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.

[4] I note that Clauses 25.3.1 and 25.4 are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 2 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Royal Flying Doctor Service of Australia (Western Operations), sought approval of the Royal Flying Doctor Service of Australia (Western Operations) Nurses Agreement 2018, which was entered into in accordance with the Fair Work Act 2009. The applicant argued that the agreement should be approved as it meets the requirements of the Act, including that it facilitates the improvement of workplace relations and promotes the simplification and clarification of workplace arrangements. The dispute was heard in the Fair Work Commission, which is the body responsible for approving such agreements.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement facilitated the improvement of workplace relations, promoted the simplification and clarification of workplace arrangements, and did not provide for terms and conditions that were less favourable than the applicable modern award. The Commission also had to consider whether the agreement was in the public interest and whether it was made in good faith.

The Commission found that the agreement met all the criteria for approval. The agreement facilitated the improvement of workplace relations by providing for a flexible and adaptable workplace, promoting the simplification and clarification of workplace arrangements by reducing the number of agreements that the parties had previously been bound by, and did not provide for terms and conditions that were less favourable than the applicable modern award. The Commission also found that the agreement was in the public interest and was made in good faith. The Commission approved the agreement and made an order accordingly.

The Commission made an order approving the Royal Flying Doctor Service of Australia (Western Operations) Nurses Agreement 2018. The order was effective from the date of the Commission's decision and applied to all nurses employed by the applicant. The agreement provided for a range of terms and conditions, including pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission noted that the agreement provided for a fair and reasonable outcome for both the applicant and the nurses, and that it would facilitate the provision of high-quality healthcare services to remote communities in Western Australia.

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