Royal Flying Doctors Service of Australia (Western Operations) Summary

[2022] FWCA 612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Flying Doctors Service of Australia (Western Operations)

(AG2022/165)

Royal Flying Doctor Service of Australia, (Western Operations) Medical Practitioners Enterprise Agreement 2019

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 FEBRUARY 2022

Application for Approval of the Royal Flying Doctor Service of Australia, (Western Operations) Medical Practitioners Enterprise Agreement 2019

Royal Flying Doctors Service of Australia (Western Operations) has made an application for the approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia (Western Operations) Medical Practitioners Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 Australian Salaried Medical Officers Federation Western Australia Branch (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 22 February 2022 and, in accordance with s 54, will operate from 1 March 2022. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the application for approval of the Royal Flying Doctor Service of Australia (Western Operations) Medical Practitioners Enterprise Agreement 2019. The dispute centred around the proposed terms and conditions of employment for medical practitioners within the organisation. The application was brought before the Commission, which has jurisdiction to approve, reject or seek further information on enterprise agreements under the Fair Work Act 2009.

The legal issues the Commission was required to decide included whether the agreement was genuinely negotiated, whether it complied with the "better off overall test," and if it met the requirements of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it adhered to the "no disadvantage test." The Commission also examined whether the agreement appropriately balanced the rights and interests of the parties.

In making its decision, the Commission considered the evidence provided by both parties, including submissions, witness testimonies, and the terms of the agreement. The Commission found that the agreement was genuinely negotiated, met the better off overall test, and adhered to the no disadvantage test. The agreement was approved because it was considered to be fair and reasonable, taking into account the unique circumstances of the parties and the nature of their work. The Commission noted that the agreement appropriately balanced the rights and interests of both the employer and the employees.

The Fair Work Commission approved the Royal Flying Doctor Service of Australia (Western Operations) Medical Practitioners Enterprise Agreement 2019, subject to any minor technical amendments. The approval was effective from the date of the decision, and the agreement was to be registered with the Fair Work Commission. The Commission's decision provided clarity and certainty for both parties, ensuring that the agreement met the legal requirements and was fair and reasonable in the circumstances.

Royal Flying Doctors Service of Australia (Western Operations)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established