DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Australia (NT) Inc.
(AG2018/6316)

ST JOHN AMBULANCE AUSTRALIA (NT) INC. FIRST AID TRAINERS ENTERPRISE AGREEMENT 2018-2021.

Ambulance and patient transport
COMMISSIONER BISSETT	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the St John Ambulance Australia (NT) Inc. First Aid Trainers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia (NT) Inc. First Aid Trainers Enterprise Agreement 2018-2021 (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.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 24 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by St John Ambulance Australia (NT) Inc. for the approval of the St John Ambulance Australia (NT) Inc. First Aid Trainers Enterprise Agreement 2018-2021. The application was brought pursuant to section 231 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement. The applicants were represented by counsel, and no other parties were involved in the proceedings.

The primary legal issues before the Commission were whether the agreement met the formal requirements for approval under section 230 of the Fair Work Act and whether the agreement complied with the good faith bargaining provisions in section 233. Specifically, the Commission needed to assess whether the agreement was made in good faith, contained provisions that were not contrary to public policy, and did not discriminate against individuals on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or age.

In considering the application, the Commission examined the process through which the agreement was negotiated, the contents of the agreement, and whether the agreement complied with the relevant statutory requirements. The Commission determined that the agreement was made in good faith, as evidenced by the conduct of the negotiations and the parties' conduct during the process. The Commission also found that the agreement did not contain any provisions that were contrary to public policy and did not discriminate against any individual or group. The Commission concluded that the agreement met all the formal requirements for approval and was in compliance with the good faith bargaining provisions. The Commission approved the agreement as a registered agreement under section 231 of the Fair Work Act.

The Commission's decision was communicated in writing, and the First Aid Trainers Enterprise Agreement 2018-2021 was registered as a certified agreement. This decision sets a precedent for similar agreements and provides guidance to employers and employees in the negotiation and registration of enterprise agreements in Australia.

St John Ambulance Australia (NT) Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established