DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ambulance Victoria
(AG2020/2352)

AMBULANCE VICTORIA (MANAGEMENT AND ADMINISTRATIVE STAFF) ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 31 AUGUST 2020

Application for approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ambulance Victoria. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Association of Professional Engineers, Scientists and Managers Australia, the United Workers’ Union and the Ambulance Managers and Professionals Association 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2020. The nominal expiry date of the Agreement is 5 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2020. The applicants, Ambulance Victoria and the Australian Services Union, sought the approval of the agreement under section 235 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for management and administrative staff within Ambulance Victoria, specifically those covered by the proposed enterprise agreement.

The central legal issue the court had to address was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included determining if the agreement was in the public interest, whether it provided for the proper administration of the workplace, and if it adhered to the provisions of the Act. Additionally, the court had to examine whether the agreement provided for fair and reasonable terms and conditions of employment, including pay rates, leave entitlements, and other employment conditions.

In delivering its decision, the Fair Work Commission carefully considered the provisions of the proposed agreement, the submissions from both parties, and relevant legislative and case law. The Commission found that the agreement was in the public interest, provided for the proper administration of the workplace, and contained terms and conditions that were fair and reasonable. The Commission also considered the impact of the agreement on the operational efficiency and effectiveness of Ambulance Victoria. After a detailed analysis, the Commission approved the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2020, determining that it met all the necessary statutory requirements.

The Commission's final orders included the approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2020, effective from the date of the decision. The agreement was to apply to the specified employees of Ambulance Victoria and was to be registered with the Fair Work Commission. The approval was subject to the conditions and limitations specified in the decision, ensuring compliance with the Fair Work Act and other relevant legislation.

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