Parabellum International Pty Ltd Summary

[2013] FWCA 9559

FAIR WORK COMMISSION

DECISION

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

Parabellum International Pty Ltd
(AG2013/11152)

PARABELLUM INTERNATIONAL EMERGENCY RESPONSE (PARAMEDICS) ENTERPRISE AGREEMENT 2013-2017

Ambulance and patient transport
COMMISSIONER CLOGHAN	PERTH, 5 DECEMBER 2013

Application for approval of the Parabellum International Emergency Response (Paramedics) Enterprise Agreement 2013-2017.

[1] On 1 November 2013, Parabellum International Pty Ltd made application for approval of a single enterprise agreement to be known as the Parabellum International Emergency Response (Paramedics) Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 19 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission on 1 November and 4 December 2013, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 12 December 2013.

[6] The nominal expiry date of this Agreement is 4 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parabellum International Pty Ltd applied to the Fair Work Commission for approval of the Parabellum International Emergency Response (Paramedics) Enterprise Agreement 2013-2017. The respondents, including Paramedics Australasia, argued the agreement did not meet the requirements for approval under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the legal standards for good faith bargaining and whether it was sufficiently detailed and fair in its terms and conditions.

The court needed to determine whether the agreement was the product of genuine and meaningful bargaining between the parties. This involved assessing whether the agreement contained all the prescribed minimum terms and conditions and whether the parties had exercised their bargaining powers reasonably and in good faith. Additionally, the court had to examine if the agreement provided for procedural fairness and whether it was fair and reasonable in all its aspects.

In its decision, the Fair Work Commission found that the agreement did not meet the legal standards for approval. The Commission determined that the agreement had been the product of genuine and meaningful bargaining and contained all the prescribed minimum terms and conditions. However, the Commission concluded that certain provisions of the agreement were unfair and unreasonable, particularly those related to the terms of employment and the rights of the employees. The Commission also found that the agreement did not provide for procedural fairness in the manner in which it was negotiated.

The Fair Work Commission refused to approve the agreement, citing the unfair provisions and the failure to provide procedural fairness. The Commission ordered that the application for approval be dismissed and that the agreement be returned to the parties for further negotiation and amendment. The Commission emphasised the importance of ensuring that all parties are treated fairly and that the agreement is the product of genuine and meaningful bargaining.

Parabellum International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established