St John Ambulance Australia (NT) Inc.

[2025] FWCA 983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

St John Ambulance Australia (NT) Inc.

(AG2025/426)

ST JOHN AMBULANCE AUSTRALIA (NT) INC. SUPPORT SERVICES ENTERPRISE AGREEMENT 2024 - 2028

Ambulance and patient transport
DEPUTY PRESIDENT CROSS	SYDNEY, 21 MARCH 2025

Application for approval of the St John Ambulance Australia (NT) Inc. Support Services Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia (NT) Inc. Support Services Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John Ambulance Australia (NT) Inc. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the St John Ambulance Australia (NT) Inc. Support Services Enterprise Agreement 2024-2028. The applicant, St John Ambulance Australia (NT) Inc., sought the Commission's endorsement of the proposed enterprise agreement, which was intended to regulate the terms and conditions of employment for its support services staff over the specified period. The application was brought under the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission to ensure they meet the legal standards for fairness and compliance.

The central legal issue before the Commission was whether the proposed agreement met the criteria for registration under the Fair Work Act. This required the Commission to consider whether the agreement provided for a fair and reasonable outcome for all parties involved, including the protection of employees' rights and interests, and whether it adhered to the provisions of the Act, particularly those concerning minimum entitlements and protections. Additionally, the Commission had to evaluate whether the agreement had been negotiated in good faith and whether it complied with procedural requirements, such as the provision of necessary information to employees and the opportunity for meaningful consultation.

In reaching its decision, the Commission examined the terms of the proposed agreement in detail, assessing their alignment with the Act's provisions and the principles of fairness. The Commission found that the agreement provided for a reasonable outcome for both the employer and the employees, and that it adequately protected the interests of the workforce. It was noted that the agreement included provisions for minimum wage rates, leave entitlements, and other conditions of employment that met or exceeded the requirements of the Act. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that the necessary procedural requirements had been met. Based on these findings, the Commission approved the agreement, determining that it met the legal standards for fairness and compliance.

The final orders of the Commission were that the St John Ambulance Australia (NT) Inc. Support Services Enterprise Agreement 2024-2028 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees during the specified period, subject to the rights and protections provided by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established