DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2018/1857)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER WILLIAMS	PERTH, 17 OCTOBER 2018

Application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise 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) Aircraft Engineers Enterprise 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] Whilst the Australian Licensed Aircraft Engineers Association (ALAEA) had objected to the application it has advised the Commission that on the basis of the undertakings and other commitments that have been given from the Applicant it withdraws its objection to the approval of the Agreement.

[3] 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.

[4] The ALAEA, 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.

[5] The Agreement is to be read together with the undertakings given by the employer in Schedule A attached. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2018. The nominal expiry date of the Agreement is 24 October 2021.

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of the application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2018 was presented. The applicant, the Royal Flying Doctor Service of Australia (Western Operations), sought approval of the agreement to ensure that its terms and conditions for the employees, specifically the aircraft engineers, were legally binding. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered by the Fair Work Commission.

The court was tasked with determining if the agreement was a "single interesting" agreement and if it contained the mandatory terms outlined in section 233 of the Fair Work Act. The primary legal issue was whether the agreement met the statutory criteria for being a "single interesting" agreement, which included whether it was in writing, covered a class of employees, and contained the prescribed minimum terms. Additionally, the court examined if the agreement provided for the resolution of any dispute concerning the terms and conditions of employment.

The Federal Court found that the agreement was a "single interesting" agreement as it was in writing and covered a specific class of employees, the aircraft engineers. The court also determined that the agreement contained all the mandatory terms required by section 233 of the Fair Work Act. The agreement provided for the resolution of disputes through a specified process, which was deemed sufficient. Consequently, the court approved the application for the agreement's registration.

The final orders of the court were that the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2018 was approved and registered as a single interesting agreement under the Fair Work Act 2009. This registration would make the agreement legally binding and enforceable between the employer and the employees covered by the agreement.

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