Royal Flying Doctor Service of Australia (Western Operations)

[2025] FWCA 1319

[2025] FWCA 1319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Royal Flying Doctor Service of Australia (Western Operations)

(AG2025/907)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (WESTERN OPERATIONS) AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER LIM	PERTH, 22 APRIL 2025

Application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2024

1. Royal Flying Doctor Service of Australia (Western Operations) (the Applicant) has made an application for the approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Aircraft Engineers Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

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

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 16.7 appears to contain the pre-26 August 2024 conversion scheme; however, it does not appear to make note of new employee choice conversion provisions which have been available to eligible employees from February 2025.

(b)Clause 36.5 provides that if an employee fails to give the required notice, any pay due may be forfeited to the extent that the notice given falls short of the prescribed notice. Clause 36.8 states that if the employee owes any monies on termination of employment, the employer may offset that money against any payments it is legally obliged to make. These provisions do not appear to limit the source of monies which may be deducted. The effect of this is that this clause appears to permit the employer to deduct employee’s entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination).

(c)Clause 36.6 allows the employer and employee to agree to a lesser period of notice without payment or forfeiture of pay.

(d)Clause 37.4 states that the redundancy payment and required notice periods do not apply if the employer obtains an offer of acceptable alternative employment for the employee. The clause appears to be silent on the need for the employer to first make an application to the Commission to vary the redundancy pay. This appears to be inconsistent with s 120 of the Act.

(e)Clause 42 provides for compassionate leave; however, it appears to be silent regarding compassionate leave for stillbirths or miscarriages which is inconsistent with ss 104(1)(b) and (c) of the Act.

1. However, I am satisfied that under clause 2.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Licenced Aircraft Engineers Association (ALAEA) (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 22 April 2025 and, in accordance with s 54, will operate from 29 April 2025. The nominal expiry date of the Agreement is 24 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528732  PR786304>

Annexure A: