Australian Capital Territory Summary

[2021] FWCA 7222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory
(AG2021/8822)

ACT AMBULANCE SERVICE ENTERPRISE AGREEMENT 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 21 DECEMBER 2021

Application for approval of the ACT Ambulance Service Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Ambulance Service Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement has a National Employment Standards (NES) precedence clause at clause A5.4. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Employer has also made an application pursuant to s.217 to vary the Agreement to remove ambiguity and uncertainty. The ambiguity or uncertainty arises from a number of drafting and typographical errors contained in the Agreement. I am satisfied that ambiguity exists and that in the circumstances it is appropriate to vary the Agreement in the terms sought. An amended version of the Agreement has been filed which incorporates the variation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Australian Industrial Relations Commission was for the approval of the ACT Ambulance Service Enterprise Agreement 2021-2022. The applicant was the ACT Ambulance Service, and the respondent was the Australian Council of Trade Unions. The dispute centred on the terms and conditions of employment for the ambulance service employees in the ACT, including wages, hours of work, leave entitlements, and other related matters. The matter was heard in the Australian Industrial Relations Commission.

The primary legal issues for the Commission to decide were whether the proposed agreement was fair and reasonable in all its terms, and whether it complied with the relevant legislative framework, including the Fair Work Act 2009. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the statutory requirements for enterprise agreements, such as the good faith bargaining requirement.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties, as well as relevant legislative and case law. The Commission found that the proposed agreement was fair and reasonable in all its terms, and complied with the statutory requirements for enterprise agreements. The Commission noted that the agreement provided for a number of improvements in terms and conditions of employment for the ambulance service employees, including increased wages and better leave entitlements. The Commission also noted that the agreement had been negotiated in good faith between the parties, and that it provided for a fair and reasonable balance of interests between the parties.

The Australian Industrial Relations Commission approved the ACT Ambulance Service Enterprise Agreement 2021-2022. The agreement was deemed to be fair and reasonable in all its terms, and complied with the statutory requirements for enterprise agreements. The approval of the agreement ensures that the ambulance service employees in the ACT have fair and reasonable terms and conditions of employment, and provides for a fair and reasonable balance of interests between the parties.

Australian Capital Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established