Ambulance Victoria

Case [2017] FWCA 4978


[2017] FWCA 4978
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Ambulance Victoria
(AG2017/2896)

AMBULANCE VICTORIA (MANAGEMENT AND ADMINISTRATIVE STAFF) ENTERPRISE AGREEMENT 2017

Ambulance and patient transport

COMMISSIONER LEE

MELBOURNE, 25 SEPTEMBER 2017

Application for approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2017 (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 Applicant 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.

[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 and United Voice (Ambulance Employees Australia Victoria) 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 2 October 2017. The nominal expiry date of the Agreement is 5 February 2020.

COMMISSIONER

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Annexure A

Details
AGLC
Ambulance Victoria [2017] FWCA 4978
Case
[2017] FWCA 4978
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Ambulance Victoria and its management and administrative staff, represented by the Public Sector Union. The central issue was the approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2017. The Commission was required to determine whether the agreement met the necessary legal standards for approval, including whether it complied with the Fair Work Act 2009 and if it provided for the fair and reasonable terms and conditions of employment.

The Commission examined several aspects of the agreement, including the pay rates, classification, and the process for resolving disputes. A key issue was whether the proposed pay rates were fair and reasonable, taking into account the economic circumstances and the role of the management and administrative staff within Ambulance Victoria. The Commission also considered whether the agreement contained adequate provisions for the resolution of workplace disputes and the protection of employees' rights. The Commission's decision was influenced by the need to balance the interests of the employer and the employees while ensuring the agreement complied with the relevant legislation.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the necessary legal standards and approved it. The Commission determined that the pay rates and conditions were fair and reasonable, considering the role of the employees and the broader economic context. The Commission also found that the agreement contained adequate provisions for the resolution of disputes and the protection of employees' rights. The Commission concluded that the agreement was in the best interests of the employees and served the purpose of providing for the fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2017, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the management and administrative staff of Ambulance Victoria.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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