St John Ambulance Australia (NT) Inc

[2022] FWCA 1574

[2022] FWCA 1574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John Ambulance Australia (NT) Inc

(AG2022/1372)

St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2022 - 2025

Ambulance and patient transport
COMMISSIONER PLATT	ADELAIDE, 12 MAY 2022

Application for approval of the St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2022 – 2025

1. An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2022 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St John Ambulance Australia (NT) Inc (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 May 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 11 May 2022. The undertaking inserts a National Employment Standards (NES) precedence clause.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. There is one NES issue that requires comment:

·   Clause 66.4 of the Agreement appears to provide that in the event the company obtains acceptable alternative employment for an employee and the employee unreasonably declines to accept such an offer, the entitlements set out in the redundancy clause will not apply to the employee. This clause does not appear to provide that any variation to redundancy pay is subject to s.120 of the Act.

1. The Applicant has provided an effective NES precedence undertaking, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence undertaking, clause 66.4 of the Agreement will not apply to the extent that it is inconsistent with the NES.

1. The United Workers’ Union (UWU), 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 this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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