Parabellum International Pty Ltd T/A Parabellum International

[2018] FWCA 3794

[2018] FWCA 3794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Parabellum International Pty Ltd T/A Parabellum International
(AG2018/2397)

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

Ambulance and patient transport
DEPUTY PRESIDENT BINET	PERTH, 27 JUNE 2018

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

[1] Parabellum International Pty Ltd trading as Parabellum International (Parabellum) has made an application (Application) to the Fair Work Commission (FWC) to terminate the Parabellum International Emergency Response (Paramedics) Enterprise Agreement 2013-2017 (Agreement) pursuant to section 225 of the Fair Work Act 2009 (Cth) (FW Act).

[2] The Agreement is a single enterprise agreement made pursuant to section 185 of the FW Act with a nominal expiry date of 4 December 2017.

[3] The parties to the Agreement are Parabellum and its employees employed in the classifications of Advanced Care Paramedic or Critical Care Paramedic (Employees).

[4] There are no employee organisations covered by the Agreement.

[5] Section 225 of the FW Act states:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[6] Section 226 of the FW Act states:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[7] The Application has been filed by Ms Jessica Keogh, General Counsel at Parabellum (Ms Keogh) on behalf of Parabellum.

[8] Ms Keogh has filed a Statutory Declaration (Keogh Declaration), which states that Parabellum no longer employ any employees covered by the Agreement, because the scope of the Agreement was intended to cover Parabellum’s employees on the Wheatstone LNG Project (Project), and Parabellum no longer perform any relevant work on the Project.

[9] The Keogh Declaration states that Parabellum is in the process of restructuring its operations and is considering entering the local paramedical market. The Keogh Declaration further states that the terms and conditions contained in the Agreement were intended for work in remote locations and are unsuitable for other regional and metropolitan work which Parabellum may tender for in the future. According to Ms Keogh unless the Agreement is terminated Parabellum would not be in position to competitively tender for other regional and metropolitian work.

[10] Parabellum further submit it is not contrary to the public interest to terminate the Agreement on the basis that Parabellum would not otherwise be in a position to competitively tender for paramedical work.

Consideration

[11] As the Agreement has passed its nominal expiry date and the Applicant is an employer covered by the Agreement, I find that the Applicant has standing to make the Application pursuant to section 225(a) of the FW Act.

[12] Based on the material contained in the Keogh Declaration filed with the Application, there is nothing before me which raises public interest considerations which might weigh against the termination of the Agreement. I am therefore satisfied that it is not contrary to the public interest to terminate the agreement.

[13] There are no employees or organisations currently covered by the Agreement who would be affected by the termination of the Agreement.

[14] Pursuant to section 225 of the Act, and having considered and being satisfied as to each of the matters contained in subsections 226(b)(i) and (ii) of the Act, the Agreement is terminated.

[15] The termination will come into effect from 27 June 2018.

DEPUTY PRESIDENT

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