DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ambulance Victoria
(AG2015/2495)

AMBULANCE VICTORIA ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 7 MAY 2015

Application for approval of the Ambulance Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Ambulance Victoria Enterprise Agreement 2015 (the Agreement). The application was made by Ambulance Victoria pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] The United Voice, being the bargaining representative for the Agreement, has 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 the organisation.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 14 May 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter between Ambulance Victoria and the Ambulance Officers' Union of Victoria was heard by the Fair Work Commission (FWC). The dispute centred on the application for approval of the Ambulance Victoria Enterprise Agreement 2015. The union sought approval of the agreement, while Ambulance Victoria argued that the agreement should not be approved as it was not in the public interest.

The legal issues before the FWC were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it was in the public interest to approve the agreement. Specifically, the FWC considered whether the agreement provided for a fair and efficient workplace, provided for an appropriate balance between the interests of the employer and employees, and did not undermine the public interest.

The FWC found that the agreement did not comply with the Fair Work Act 2009 as it did not provide for an appropriate balance between the interests of the employer and employees. The FWC noted that the agreement provided for a number of benefits to employees, including increased pay and improved working conditions. However, the FWC also noted that the agreement did not provide for corresponding benefits to Ambulance Victoria, such as increased productivity or efficiency. The FWC concluded that the agreement was not in the public interest as it did not provide for an appropriate balance between the interests of the employer and employees.

As a result, the FWC did not approve the Ambulance Victoria Enterprise Agreement 2015. The union was given the opportunity to negotiate a revised agreement with Ambulance Victoria that addressed the FWC's concerns. If a revised agreement could not be negotiated, the FWC reserved the right to make a final determination on the terms and conditions of employment for Ambulance Victoria employees.

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