DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate
(AG2015/175)

ACT PUBLIC SECTOR ACT AMBULANCE SERVICE ENTERPRISE AGREEMENT 2013-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 MARCH 2015

Application for approval of the ACT Public Sector ACT Ambulance Service Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector ACT Ambulance Service Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate sought approval of the ACT Public Sector Ambulance Service Enterprise Agreement 2013-2017. This application was made to the Fair Work Commission, which had the authority to approve or reject the agreement under the Public Sector Management Act 1994. The dispute arose as the union representing the ambulance service employees, the Health Services Union, contested certain provisions of the agreement, arguing they were not in line with the public sector wage system and did not provide sufficient protections for the employees.

The central legal issues that the Commission had to address were whether the provisions of the agreement complied with the relevant legislation and if they were fair and reasonable in the context of the public sector wage system. The Commission had to consider the public sector principles and the need for the agreement to maintain a balance between the interests of the employees, the employer, and the public. Additionally, the Commission had to ensure that the agreement did not undermine the integrity of the public sector wage system.

The Fair Work Commission found that the majority of the provisions in the agreement were consistent with the public sector principles and the public sector wage system. The Commission noted that the agreement provided for appropriate remuneration and conditions for the employees, and that the provisions were fair and reasonable. The Commission also found that the agreement did not undermine the integrity of the public sector wage system. Consequently, the Commission approved the application and granted the requested approval.

The final orders of the Commission were that the ACT Public Sector Ambulance Service Enterprise Agreement 2013-2017 be approved, effective from 1 January 2014. This decision was made in accordance with the provisions of the Public Sector Management Act 1994, and the agreement was to be registered with the Commission. The approval was subject to the conditions that the agreement would be subject to review and that any changes to the agreement would need to be approved by the Commission in the future.

ACT Government as represented by the Chief Minister, Treasury and Economic Development Directorate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established