DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Flying Doctors Service of Australia, Central Operations
(AG2017/6692)

ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA, CENTRAL OPERATIONS AIRCRAFT ENGINEERS ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2018

Application for approval of the Royal Flying Doctor Service of Australia, Central Operations Aircraft Engineers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia, Central Operations Aircraft Engineers Enterprise Agreement 2018 (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 Doctors Service of Australia, Central Operations. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission heard an application from the Royal Flying Doctors Service of Australia, Central Operations, to approve the Aircraft Engineers Enterprise Agreement 2018. The application arose in the context of negotiations between the employer and the union representing the aircraft engineers, which had resulted in the proposed agreement. The dispute centred on whether the terms of the agreement were fair and reasonable, particularly in light of the unique circumstances of the employer and the employees involved. The Commission was tasked with evaluating the agreement to ensure it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the process through which the agreement was negotiated was appropriate and compliant with the statutory requirements. The Commission needed to consider whether the agreement met the standard set by the Act for procedural fairness and whether it provided for terms and conditions that were fair and reasonable in all respects. The Commission also had to examine whether any terms of the agreement were contrary to public policy or otherwise unenforceable.

After reviewing the submissions from both parties and considering the evidence presented, the Fair Work Commission determined that the proposed agreement was fair and reasonable. The Commission found that the negotiation process had been appropriate, and that the terms of the agreement were consistent with the principles of procedural fairness and the requirements of the Act. The Commission also concluded that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable. Consequently, the Commission approved the Aircraft Engineers Enterprise Agreement 2018, determining that it met all the necessary legal criteria. The decision was made in the interest of ensuring fair and reasonable terms for the employees while recognising the unique operational environment of the Royal Flying Doctors Service of Australia, Central Operations.

Royal Flying Doctors Service of Australia, Central Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established