National Patient Transport Pty Ltd T/A National Patient Transport Pty Ltd

[2023] FWCA 2293

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Patient Transport Pty Ltd T/A National Patient Transport Pty Ltd

(AG2023/2357)

APPLICATION FOR APPROVAL OF THE NATIONAL PATIENT TRANSPORT PTY LTD VICTORIAN EMPLOYEES ENTERPRISE AGREEMENT 2023

Ambulance and patient transport
COMMISSIONER JOHNS	MELBOURNE, 24 JULY 2023

Application for approval of the National Patient Transport Pty Ltd Victorian Employees Enterprise Agreement 2023 – Correction to decision – Paragraph [6]

The decision issued by the Fair Work Commission on 24 July 2023 [[2023] FWCA 2293, AE520870] is corrected by deleting Paragraph [6] and inserting the following:

“[6] The United Workers’ Union 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) of the Act, I note that the Agreement covers the organisation.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of a single-enterprise agreement between National Patient Transport Pty Ltd and its Victorian employees. The United Workers’ Union, acting as a bargaining representative, sought the agreement to cover its members, which included employees in the ambulance and patient transport sectors. The company applied for the agreement to be approved under the Fair Work Act 2009, which requires that the Commission be satisfied the agreement complies with certain legal standards before it can be approved.

The primary legal issue before the Commission was whether the National Patient Transport Pty Ltd Victorian Employees Enterprise Agreement 2023 met the requirements set forth in the Fair Work Act for an enterprise agreement to be approved. This involved examining if the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission had to determine if the agreement was in the best interests of the employees it covered, and if it complied with any relevant industrial instruments.

In addressing these issues, the Commission carefully reviewed the agreement, ensuring that it was not only negotiated but also contained all the required minimum terms and conditions. The Commission also considered whether the agreement was in the best interests of the employees and if it complied with any relevant industrial instruments. The United Workers’ Union's notice under section 183 of the Act that it wanted the agreement to cover its members was noted, and the Commission confirmed that the agreement indeed covered the organisation as per section 201(2) of the Act.

Ultimately, the Commission found that the agreement met the necessary criteria and approved it. The corrected decision reflects the Commission's satisfaction with the agreement's compliance with the Act, affirming its approval and ensuring the agreement could be implemented as a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established