Ambulance Victoria

[2025] FWCA 586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ambulance Victoria

(AG2024/5254)

AMBULANCE VICTORIA ENTERPRISE AGREEMENT 2024

Ambulance and patient transport
COMMISSIONER TRAN	MELBOURNE, 14 FEBRUARY 2025

Application for approval of the Ambulance Victoria Enterprise Agreement 2024

Ambulance Victoria has applied for approval of an enterprise agreement known as Ambulance Victoria Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that Clause 74.2 – Public Holidays – is likely to be inconsistent with the National Employment Standards.

I note clause 6.3 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union (UWU) lodged a Form F18 statutory declaration, giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 February 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 20 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ambulance Victoria, sought approval of the Ambulance Victoria Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for its employees and was heard in the Fair Work Commission. The legal issues centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the required minimum terms and if it had been fairly negotiated.

The Fair Work Commission assessed whether the agreement included the minimum terms prescribed by the Fair Work Act, such as provisions for minimum wages, penalties, leave entitlements, and maximum weekly hours. The Commission also examined whether the agreement was negotiated in good faith and whether it was made without coercion, undue pressure, or discrimination. The court found that the agreement contained all the necessary minimum terms and was the product of fair and genuine negotiations.

The Fair Work Commission approved the Ambulance Victoria Enterprise Agreement 2024, finding that it met all the statutory requirements. The Commission concluded that the agreement was fair and balanced, considering the interests of both the employees and the employer. The decision was made in the interest of maintaining industrial peace and ensuring that the employees were provided with fair and reasonable terms of employment. The Commission’s approval of the agreement ensures that it will now apply to the employees of Ambulance Victoria as a legally binding contract.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established