Royal Flying Doctor Service of Australia Summary

[2021] FWCA 6588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service of Australia
(AG2021/7909)

ROYAL FLYING DOCTOR SERVICE VICTORIA PATIENT TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021 (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. 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that clause 34.6 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The United Workers’ 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. Further, the Victorian Ambulance Union Incorporated has also advised that the employees it represents support approval of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Royal Flying Doctor Service of Australia, sought approval of the Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to assess whether proper consultation had occurred between the parties and whether the agreement had been certified as a simplified procedure agreement. Substantively, the Commission needed to determine if the agreement covered the necessary minimum terms and conditions and did not include any prohibited content.

The Commission found that the agreement satisfied the procedural requirements, as there had been proper consultation between the parties and the agreement had been certified. On the substantive requirements, the Commission determined that the agreement covered all necessary minimum terms and conditions and did not contain any prohibited content. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the work, the bargaining positions of the parties, and the overall fairness of the terms.

As a result, the Fair Work Commission approved the Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021. The agreement is now registered and enforceable under the Fair Work Act.

Royal Flying Doctor Service of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established