St John Ambulance Australia (NT) Inc

Case [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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Details
AGLC
St John Ambulance Australia (NT) Inc [2022] FWCA 1574
Case
[2022] FWCA 1574
Decision Date

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2022 – 2025. The parties involved were St John Ambulance Australia (NT) Inc., as the employer, and the union representing the employees, as the bargaining representatives. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for the terms and conditions of employment in a fair and balanced manner.

The primary legal issues the court had to decide included whether the agreement was made in good faith, whether it provided for a proper process for resolving disputes, and whether it contained terms and conditions that were fair and reasonable. The court also needed to assess whether the agreement adequately provided for the interests of the employees and if it complied with the procedural requirements of the Act. The union raised concerns about the adequacy of the proposed agreement in terms of employee entitlements and the process for resolving disputes.

The Fair Work Commission found that the agreement was made in good faith and that it contained terms and conditions that were fair and reasonable. The court was satisfied that the agreement provided for an appropriate process for resolving disputes and that it adequately served the interests of both the employer and the employees. The Commission concluded that the agreement complied with all the necessary procedural requirements under the Act. Consequently, the application for approval of the Ambulance Enterprise Agreement 2022 – 2025 was granted.

The Fair Work Commission's decision resulted in the formal approval of the St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2022 – 2025, effective as of the date of the decision. The agreement was deemed to be compliant with all legal requirements and was approved for implementation between the parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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