DECISION

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

Royal Flying Doctor Service (South Eastern Section)
(AG2014/10520)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH-EASTERN SECTION) (MASCOT) ENGINEERS AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 3 FEBRUARY 2015

Application for approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Royal Flying Doctor Service (South Eastern Section)(the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 December 2014. The application included a Statutory Declaration of Avi Kumar made on behalf of the Employer and dated 24 December 2014, (the Declaration). The Declaration stated that the Agreement was made on 15 December 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration, and some further material provided in support of the application. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 3 February 2015. I note that the file has included a Statutory Declaration of Noel Speers made on behalf of the Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 44 and a consultation term at clause 45.

[6] 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.

[7] 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 10 February 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Royal Flying Doctor Service of Australia (South-Eastern Section), applied for an approval of the Royal Flying Doctor Service of Australia (South-Eastern Section) (Mascot) Engineers Agreement 2014. The applicant sought the agreement to be approved as a safety net agreement, allowing it to be applied to employees who were not party to the agreement. The dispute arose from the need to ensure that the safety and operational standards of the service were maintained despite the changes in the workforce composition.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval as a safety net agreement under the Fair Work Act 2009. This involved assessing whether the agreement provided a safety net for employees not covered by the agreement, ensuring minimum standards of pay and conditions. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the work and the interests of both employees and employers.

The Commission found that the proposed agreement provided a comprehensive framework that met the safety net criteria. It ensured that all employees, whether party to the agreement or not, received fair and reasonable terms and conditions of employment. The agreement included provisions for minimum rates of pay, leave entitlements, and other employment conditions that were deemed to be fair and reasonable in the context of the service's operations. The Commission was satisfied that the agreement provided a safety net for all employees and was in the best interests of maintaining operational standards and safety.

The Commission approved the application, and the agreement was registered as a safety net agreement. This decision ensures that the employees of the Royal Flying Doctor Service of Australia (South-Eastern Section) are protected by the agreed terms and conditions, providing a stable and fair working environment.

Royal Flying Doctor Service (South Eastern Section)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established