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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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the ACT Public Sector ACT Ambulance Service Enterprise Agreement 2018-2021. The applicant, the ACT Public Sector, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as stipulated in the Act. The Commission was tasked with examining the agreement's compliance with legal standards and whether it appropriately addressed the employment terms of the public sector workers within the ACT Ambulance Service.

The legal issues before the Commission involved determining whether the agreement complied with the requirements set out in the Fair Work Act 2009, including the provisions related to good faith bargaining, the relevance of the agreement to the employees, and whether it contained any terms that were unfair. Additionally, the Commission considered whether the agreement provided for a fair and efficient resolution of workplace issues and whether it was consistent with the principles of the national workplace relations system.

In assessing the application, the Commission examined the content of the agreement and the process by which it was negotiated. The Commission found that the agreement was the result of genuine good faith bargaining between the parties and that it was relevant to the employees it covered. The Commission also determined that the agreement did not contain any terms that were unfair and that it provided for an efficient resolution of workplace issues. The Commission was satisfied that the agreement met the criteria for approval and that it was consistent with the principles of the national workplace relations system. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the ACT Public Sector ACT Ambulance Service Enterprise Agreement 2018-2021, effective from the date of the decision. The Commission's approval was based on the determination that the agreement was the result of good faith bargaining, was relevant to the employees, and did not contain any unfair terms. The approval ensures that the agreement will govern the employment terms of the public sector workers within the ACT Ambulance Service for the duration of its validity.

Australian Capital Territory T/A ACT Public Sector

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established