DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Australia (NT) Inc t/a St John Ambulance
(AG2016/1584)

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

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 16 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance (NT) Inc. Corporate Services 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/a 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] 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 23 August 2016. 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

In the case of St John Ambulance Australia (NT) Inc t/a St John Ambulance, the matter before the Court was an application for the approval of a Corporate Services Agreement for the years 2016 to 2019. The application was brought by the respondent, St John Ambulance Australia (NT) Inc, seeking approval from the Court of the agreement which would provide corporate services to the organisation. The Court was required to determine whether the agreement was in the best interests of the organisation and its members, and whether it was fair and reasonable.

The legal issues before the Court were whether the agreement was properly negotiated and whether it was fair and reasonable in all the circumstances. The Court had to consider whether the agreement provided value for money and whether it was in the best interests of the organisation and its members. The Court also had to consider whether the agreement complied with the relevant legislation and whether it was consistent with the organisation's constitution and by-laws.

The Court found that the agreement was properly negotiated and was fair and reasonable in all the circumstances. The Court was satisfied that the agreement provided value for money and was in the best interests of the organisation and its members. The Court also found that the agreement complied with the relevant legislation and was consistent with the organisation's constitution and by-laws. The Court approved the Corporate Services Agreement 2016-2019 and made orders accordingly.

The Court's decision was based on a detailed analysis of the agreement and the evidence presented by the parties. The Court found that the agreement was fair and reasonable, and that it provided value for money. The Court was also satisfied that the agreement was in the best interests of the organisation and its members, and that it complied with the relevant legislation and the organisation's constitution and by-laws. The Court approved the Corporate Services Agreement 2016-2019 and made orders accordingly.

St John Ambulance Australia (NT) Inc t/a St John Ambulance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established