Australian Capital Territory T/A ACT Public Sector

[2020] FWCA 3181

[2020] FWCA 3181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2020/1202)

ACT PUBLIC SECTOR ACT AMBULANCE SERVICE ENTERPRISE AGREEMENT 2018-2021

Ambulance and patient transport
COMMISSIONER BOOTH	BRISBANE, 17 JUNE 2020

Application for approval of the ACT Public Sector ACT Ambulance Service Enterprise Agreement 2018-2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Australian Capital Territory T/A ACT Public Sector (the Applicant) for approval of the ACT Public Sector ACT Ambulance Service Enterprise Agreement 2018-2021 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 22 May 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions on 3 June 2020, addressing the concerns raised.

[4] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):

•  Clause B3 – probation;

•  Clauses F7.6, N6, O10, P11 and Q4.2 – annual leave; and

•  Clauses N5.1, N5.2, O9.1, O9.2, P10, Q3.2 – personal leave.

[5] However, noting the NES precedence clause at clause A5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the matters raised at paragraphs [2]-[5], and on the material before the Commission, 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.

[7] The Transport Workers’ Union of Australia (TWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 TWU.

[8] The Agreement is approved and, in accordance with clause A4 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2021.

COMMISSIONER

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