DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Patient Transport Pty Ltd T/A National Patient Transport
(AG2019/1909)

NATIONAL PATIENT TRANSPORT PTD LTD VICTORIAN EMPLOYEES ENTERPRISE AGREEMENT 2019

Ambulance and patient transport
COMMISSIONER BISSETT	MELBOURNE, 28 AUGUST 2019

Application for approval of the National Patient Transport Ptd Ltd Victorian Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Patient Transport Ptd Ltd Victorian Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Patient Transport Pty Ltd T/A National Patient Transport. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A and is taken to be a term of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] United Voice (UV) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved National Patient Transport Pty Ltd, trading as National Patient Transport, and its employees represented by the Transport Workers Union of Australia. The dispute centred on the application for the approval of the National Patient Transport Pty Ltd Victorian Employees Enterprise Agreement 2019 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly concerning the provisions for employees' working hours, leave entitlements, and dispute resolution mechanisms. The Commission needed to determine if the agreement was made in good faith and if it met the criteria for being a "single, integrated, and comprehensive" enterprise agreement.

The Commission found that the agreement was largely in compliance with the statutory requirements, noting that it contained essential terms and conditions of employment. The provisions for working hours and leave were deemed to be reasonable and consistent with industry standards. The dispute resolution mechanisms were also found to be adequate. The Commission concluded that the agreement was made in good faith and was a single, integrated, and comprehensive enterprise agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the National Patient Transport Pty Ltd Victorian Employees Enterprise Agreement 2019, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding on both the employer and the employees, providing a framework for their industrial relationship.

National Patient Transport Pty Ltd T/A National Patient Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established