DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ambulance Victoria
(AG2020/2824)

AMBULANCE VICTORIA ENTERPRISE AGREEMENT 2020

Ambulance and patient transport
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Ambulance Victoria Enterprise Agreement 2020.

[1] Ambulance Victoria has applied for approval of a single enterprise agreement known as the Ambulance Victoria Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about: the form of the application; whether the pre-approval requirements were met; and the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and related materials, 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.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act and supports approval of the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Australian Paramedics Association (VIC) Inc. and the Victorian Ambulance Union Incorporated, being employee bargaining representatives for the Agreement, respectively declared that the employees those organisations represent support approval of the Agreement.

[7] The Agreement was approved on 27 October 2020 and, in accordance with s.54, will operate from 3 November 2020. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ambulance Victoria applied to the Fair Work Commission for approval of the Ambulance Victoria Enterprise Agreement 2020. The dispute arose as the parties could not reach an agreement on various terms and conditions of employment. The Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issue before the Commission was whether the agreement complied with the legislative requirements and whether it was in the best interests of the employees and employers.

The Commission examined the agreement to determine if it adhered to the provisions of the Fair Work Act, particularly focusing on whether it provided for fair and reasonable terms and conditions. The Commission considered the nature of the employment relationship, the bargaining process, and the overall fairness of the agreement. It assessed the balance between the rights and obligations of the parties, the adequacy of the dispute resolution mechanisms, and whether the agreement met the threshold criteria for approval. The Commission also took into account the views and submissions of the parties and any relevant stakeholders.

After thorough deliberation, the Commission found that the Ambulance Victoria Enterprise Agreement 2020 met the legislative requirements and was in the best interests of the employees and employers. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions, was the product of genuine bargaining, and included adequate dispute resolution mechanisms. The Commission's decision was based on a comprehensive assessment of the agreement's provisions and the submissions received from the parties.

Ambulance Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established