DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Australia (NT) Inc.
(AG2016/8004)

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

Northern Territory
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance (NT) Inc. Workshop 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. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 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. recently sought the approval of the St John Ambulance (NT) Inc. Workshop Agreement 2016-2019 from the Fair Work Commission. This application came about due to a dispute between the organisation and its employees regarding the terms and conditions of their employment. The dispute centred on the proposed changes to the existing enterprise agreement, which had been negotiated but were not fully agreed upon by all parties involved.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and if the application met the criteria for approval under the Fair Work Act 2009. The Commission had to consider the impact of the proposed changes on the employees, the nature of the bargaining process, and whether there was sufficient consultation and negotiation between the parties. Additionally, the Commission needed to ensure that the proposed agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

In its decision, the Fair Work Commission carefully examined the evidence presented and the arguments made by both parties. The Commission found that the proposed changes to the enterprise agreement were fair and reasonable, taking into account the nature of the work, the interests of the employees, and the need for the organisation to remain financially viable. The Commission was satisfied that the application met the criteria for approval, as there had been sufficient consultation and negotiation between the parties, and the proposed agreement did not undermine the rights and protections of the employees. Consequently, the Commission approved the St John Ambulance (NT) Inc. Workshop Agreement 2016-2019, thereby resolving the dispute between the organisation and its employees.

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