DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Australia (NT) Inc.
(AG2017/3012)

ST JOHN AMBULANCE AUSTRALIA (NT) INC. AMBULANCE ENTERPRISE AGREEMENT 2016 - 2019

Ambulance and patient transport
COMMISSIONER SAUNDERS	NEWCASTLE, 22 AUGUST 2017

Application for approval of the St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia (NT) Inc. Ambulance Enterprise Agreement 2016 - 2019 (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 T/As St John Ambulance. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John Ambulance Australia (NT) Inc. brought an application for the approval of its 2016-2019 Ambulance Enterprise Agreement before the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The respondents, represented by the Australian Council of Trade Unions, contested the application. The dispute centred on various aspects of the proposed agreement, including classification, hours of work, pay rates, penalty rates, and shift patterns.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of section 230 of the Act, including whether it facilitated the improvement of workplace terms and conditions and provided for the efficient operation of the enterprise. The Commission had to examine the classification and remuneration provisions, the shift patterns and penalty rates, and the overall fairness and reasonableness of the agreement. The applicants argued that the proposed agreement would improve operational efficiency and enhance the financial sustainability of the organisation, while the respondents raised concerns about potential negative impacts on employee conditions.

The Fair Work Commission found that the proposed agreement did not meet the requirements of section 230 of the Act, as it did not facilitate the improvement of workplace terms and conditions or provide for the efficient operation of the enterprise. The Commission was particularly concerned about the classification and remuneration provisions, which it found to be inadequate in ensuring fair and reasonable terms for employees. Additionally, the shift patterns and penalty rates proposed in the agreement were deemed to be unreasonable and not aligned with the overall objectives of the Act. Consequently, the application for approval was dismissed.

The Commission's decision was based on a comprehensive assessment of the proposed agreement and the evidence presented by both parties. The final orders included the dismissal of the application for approval of the 2016-2019 Ambulance Enterprise Agreement, with directions for the parties to engage in further negotiations to reach an agreement that met the requirements of the Act.

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