DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)
(AG2017/6599)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) COORDINATION CENTRE ENTERPRISE AGREEMENT 2017

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MAY 2018

Application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2017 (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 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.

[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] The CPSU, the Community and Public Sector Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 20 May 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 an enterprise agreement with its employees. The dispute came before the Fair Work Commission, an independent statutory body with federal jurisdiction over employment matters. The central issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to minimum entitlements, procedural fairness, and the avoidance of industrial action. The Commission needed to determine whether the agreement met the necessary standards for approval, particularly in light of the parties' bargaining positions and the public interest considerations inherent in the provision of emergency medical services.

The Commission examined the procedural fairness of the bargaining process, considering whether the applicant had genuinely attempted to negotiate with the relevant employee representatives. It also assessed whether the agreement provided for terms and conditions that were at least equal to the applicable minimum standards under the National Employment Standards and other relevant awards. Additionally, the Commission considered the potential impact of the agreement on the public interest, given the unique nature of the services provided by the Royal Flying Doctor Service. Ultimately, the Commission found that the applicant had engaged in good faith bargaining and that the proposed agreement met the statutory requirements for approval. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, while also considering the broader public interest implications.

In light of its findings, the Commission approved the Royal Flying Doctor Service of Australia (Western Operations) Coordination Centre Enterprise Agreement 2017. The decision underscores the importance of balancing the rights and interests of employees with the need to maintain essential services in the community. The Commission's approval ensures that the agreement will now form the basis of employment terms for the relevant employees, providing certainty and stability in the workplace.

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