DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctor Service (South Eastern Section)
(AG2017/1761)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (SOUTH EASTERN SECTION) MEDICAL PRACTITIONERS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2017

Application for approval of the Royal Flying Doctor Service of Australia (South Eastern Section) Medical Practitioners Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (South Eastern Section) Medical Practitioners 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 (South Eastern Section). 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] 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] The Australian Salaried Medical Officers’ Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 14 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, the applicant, the Royal Flying Doctor Service of Australia (South Eastern Section), sought approval of the Medical Practitioners Enterprise Agreement 2017. The respondent, the Australian Council of Healthcare Standards (ACHS), opposed the application. The dispute was heard by the Fair Work Commission (FWC), an independent statutory tribunal with responsibilities for resolving workplace disputes under the Fair Work Act 2009.

The central legal issue was whether the agreement was consistent with the requirements of the Fair Work Act, particularly in terms of procedural fairness and whether it met the "better-off, overall test". The FWC considered whether the agreement provided fair and reasonable terms for the employees and whether the application process followed the correct procedures. The applicant had to demonstrate that the agreement did not contain any terms that were contrary to the public interest or that would undermine the integrity of the industrial relations system.

The FWC found that the agreement was consistent with the requirements of the Fair Work Act. The applicant had demonstrated that the agreement provided fair and reasonable terms for the employees and that it complied with the public interest considerations. The FWC concluded that the agreement met the "better-off, overall test" as it provided benefits to the employees that outweighed any detriments. The FWC also found that the application process was procedurally fair and that the applicant had followed the correct procedures.

The FWC approved the Medical Practitioners Enterprise Agreement 2017, subject to certain conditions. The agreement was to be registered as a registered agreement under the Fair Work Act and would apply to the employees covered by the agreement. The FWC also imposed certain conditions on the agreement to ensure that it continued to meet the requirements of the Fair Work Act. The applicant was required to provide regular reports to the FWC on the operation of the agreement and to ensure that any changes to the agreement were also approved by the FWC.

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