ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – application by CPSU for good faith bargaining orders against Royal Flying Doctor Service of Australia, Central Operations (RFDS) – decision concerned with interlocutory issue about how Commission should deal with application – application arose in context of bargaining for new enterprise agreement to replace Royal Flying Doctor Service, Central Operations, Operations Co-ordinators Agreement 2014 (2014 Agreement) – CPSU alleged conduct of RFDS to be breach of good faith bargaining requirements of FW Act because it proposed to introduce 8 hour shift roster which has effect of reducing annual leave, while refusing to properly negotiate hours of work and annual leave at the bargaining table – CPSU contended this conduct to be unfair and undermined collective bargaining and that RFDS failed to genuinely consider or respond appropriately to CPSU claims and offers about hours of work and annual leave – RFDS denied its conduct was inconsistent with good faith bargaining and requested Commission first hear and determine ‘jurisdictional point’ about whether Commission has power to grant order sought by CPSU in their draft order, seeking: that RFDS not take any further steps to introduce 8 hour shift roster; that RFDS provide CPSU list of items regarding 12 hour shift roster and annual leave which it may be willing to accept in proposed enterprise agreement; that RFDS and CPSU participate in agreed schedule of bargaining meetings; and that RFDS and CPSU give genuine consideration to any proposals regarding 12 hour shift roster and annual leave – Commission considered that the issue raised by RFDS fundamentally concerned whether Commission should make an order of the kind contemplated by the draft order – considered that Commission had broad powers to make orders requiring bargaining representatives to take or not take actions for the purpose of ensuring they meet the good faith bargaining obligations – held that jurisdictional proposition advanced by RFDS not self-evident – Commission not satisfied that ‘jurisdictional’ issue raised by RFDS should be dealt with separately and so it will be considered and dealt with in conjunction with the application more generally. CPSU, the Community and Public Sector Union v Royal Flying Doctor Service of Australia Central Operations
