DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal Flying Doctor Service (Queensland Section) Limited
(AG2019/4901)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2019-2023

Health and welfare services
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 APRIL 2020

Application for approval of the Royal Flying Doctor Service (Queensland Section) Limited Health Professionals Enterprise Agreement 2019 - 2023.

[1] The Royal Flying Doctor Service (Queensland Section) Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Health Professionals Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 29 April 2020. The nominal expiry date of the Agreement is 30 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Royal Flying Doctor Service (Queensland Section) Limited, which sought approval for its Health Professionals Enterprise Agreement 2019 - 2023. The applicant, a not-for-profit organisation providing aeromedical services across Queensland, argued that the proposed agreement was necessary to ensure fair and equitable terms for its health professionals, particularly in light of the unique challenges and demands of their roles. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009 and met the requirements for approval.

The primary legal issues that the Fair Work Commission had to address were whether the proposed agreement provided for the proper operation of the enterprise, ensured fair and reasonable terms and conditions for the employees, and complied with the procedural requirements set out in the Fair Work Act. The Commission also needed to assess whether the agreement provided for the proper operation of the enterprise and ensured that the terms and conditions of employment were fair and reasonable. Furthermore, the Commission considered whether the agreement met the requirements for approval, including whether it had been made in good faith and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the proposed agreement was in the public interest and met the requirements for approval. The Commission determined that the agreement provided for the proper operation of the enterprise and ensured fair and reasonable terms and conditions for the employees. The Commission also found that the agreement had been made in good faith and complied with the Fair Work (Registered Organisations) Act 2009. The Commission noted that the agreement addressed the unique challenges and demands faced by health professionals working for the Royal Flying Doctor Service (Queensland Section) Limited, including the need for flexible working arrangements and provisions for remote and rural locations. The Commission concluded that the proposed agreement was fair and reasonable and met the requirements for approval.

The Fair Work Commission approved the Royal Flying Doctor Service (Queensland Section) Limited Health Professionals Enterprise Agreement 2019 - 2023. The Commission's decision was based on its finding that the proposed agreement met the requirements for approval and provided for the proper operation of the enterprise and fair and reasonable terms and conditions for the employees. The Commission's approval of the agreement ensures that the Royal Flying Doctor Service (Queensland Section) Limited can continue to provide essential aeromedical services across Queensland while maintaining fair and equitable terms for its health professionals.

Royal Flying Doctor Service (Queensland Section) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established