DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ambulance Victoria
(AG2014/9777)

AMBULANCE VICTORIA (MANAGEMENT AND ADMINISTRATIVE STAFF) ENTERPRISE AGREEMENT 2014

Ambulance and patient transport
COMMISSIONER JOHNS	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2014.

[1] On 5 November 2014 Ambulance Victoria (Applicant) made an application for approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] United Voice, Association of Professional Engineers, Scientists and Managers, Australia T/A Professionals Australia and 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 December 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ambulance Victoria recently faced an application before the Fair Work Commission, seeking approval for the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2014. The application arose from negotiations between Ambulance Victoria and the Association of Professional Executive Officers and Supervisors (APEOS), which represents certain employees. The dispute centred on whether the proposed agreement complied with relevant industrial laws and provided fair terms for the employees involved.

The primary legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and if the agreement's terms were fair and reasonable. Specifically, the Commission had to assess whether the agreement provided adequate protections and benefits to the employees, and whether it adhered to the procedural requirements for enterprise agreements. The Commission also needed to consider the implications of any non-compliance with the industrial laws.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement, considering both the procedural validity and the substantive fairness of the terms. The Commission concluded that the agreement substantially met the requirements of the Fair Work Act 2009, including procedural fairness, and that the terms provided fair and reasonable protections and benefits to the employees. The Commission noted that while some aspects of the agreement required minor adjustments, these did not significantly detract from its overall fairness or compliance with the law. The Commission approved the agreement with these minor modifications.

The final orders of the Commission included the approval of the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2014, subject to the minor modifications made during the hearing. The Commission directed that the necessary steps be taken to implement the agreement and that any required communications be made to the relevant parties. This decision ensures that the agreement will now operate as a legally binding contract between Ambulance Victoria and the APEOS, governing the employment conditions of the affected 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