Ambulance Victoria

[2022] FWCA 1095

[2022] FWCA 1095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ambulance Victoria

(AG2022/804)

Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2021

Ambulance and patient transport
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MARCH 2022

Application for approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2021

1. Ambulance Victoria (the Applicant) has made an application for approval of an enterprise agreement known as the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 24 March 2022.

1. On 24 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought an amended agreement signature page that contained the employee representatives’ postcode and state as required by Fair Work Regulation 2.06A.

·  Chambers sought lodgement of a Form F18 from employee representative organisations who were involved in bargaining but had not lodged a Form F18 with the Commission.

·  Chambers sought and received copies of voting materials sent to employees to ensure agreement pre-approval requirements regarding the provision of the NERR, notice of vote and the provision of the agreement were met.

·  Parties were notified that should the Agreement be approved the model consultation term will be included.

·  Clause 60.1 and 60.4 regarding public holidays, clause 66.3(b) regarding long service leave and clause 24.6 regarding deduction upon termination may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained cat clause 5.2 is deemed sufficient to resolve these BOOT concerns.

·  Chambers sought and received submissions on better off overall concerns regarding part-time overtime entitlement and the time off in lieu for grade 1.1 employees.

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. The United Workers Union (UWU), the Victorian Ambulance Union Incorporated (VAU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being bargaining representatives for the Agreement, have given 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 that the Agreement covers these organisations.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 October 2025.

COMMISSIONER

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