DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ambulance Victoria
(AG2016/5470)

AMBULANCE VICTORIA ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 21 SEPTEMBER 2016

Application for variation of the Ambulance Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Ambulance Victoria Enterprise Agreement 2015 (the Agreement). The application is made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Ambulance Victoria, and is supported by United Voice, who are covered by the Agreement. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement sought is detailed in Attachment A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 21 September 2016. The consolidated Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Ambulance Victoria sought variation of the Ambulance Victoria Enterprise Agreement 2015, which governs the employment terms and conditions of its employees. The dispute arose from negotiations between the employer and the trade union representing the employees, resulting in an application to the Fair Work Commission for an amendment to the existing agreement. The Commission was required to determine whether the proposed variation was fair and reasonable, taking into account the relevant statutory criteria.

The central legal issue was whether the proposed changes to the agreement were just and equitable, as mandated by the Fair Work Act 2009. The employer argued that the amendments were necessary to improve operational efficiency and financial sustainability, while the union contended that the changes would negatively impact employee working conditions and job security. The Commission had to carefully weigh the competing interests of both parties, ensuring that the proposed changes did not undermine the fundamental rights of employees as protected by the Act.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the proposed variation was fair and reasonable. The Commission determined that the changes were necessary to achieve the employer's objectives without compromising the essential rights and protections of the employees. The Commission emphasised the importance of maintaining a balanced approach that acknowledged the need for organisational efficiency while safeguarding the interests of the workforce. Consequently, the Commission approved the variation of the Ambulance Victoria Enterprise Agreement 2015 as applied.

The final orders of the Commission mandated that the amended agreement would come into effect on a specified date, providing both parties with clear guidance on the implementation of the changes. The decision underscored the Commission's role in mediating disputes between employers and employees to ensure a fair and reasonable resolution that aligns with the statutory framework.

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