DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St John Ambulance Australia SA Inc
(AG2015/2366)

ST JOHN AMBULANCE AUSTRALIA SA INC. EMPLOYEES ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 17 APRIL 2015

Application for approval of the St John Ambulance Australia SA Inc. Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia SA Inc. Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St John Ambulance Australia SA Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] In so finding, I note that the terms of clause 19.3 of the Agreement effectively reflect the requirements of s.206 of the Act regarding the minimum “base rates” under the relevant modern awards. In that regard I also note that s.19 of the Act defines the relevant term.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2015. The nominal expiry date of the Agreement is 23 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of St John Ambulance Australia SA Inc, the applicants sought approval for the St John Ambulance Australia SA Inc Employees Enterprise Agreement 2015. The respondents included various parties, including the St John Ambulance Australia SA Inc and its employees. The dispute arose from the applicants' application for the approval of the said enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues the court had to decide were whether the agreement complied with the requirements of the Fair Work Act and whether it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009. The court also needed to determine if the agreement was fair and reasonable, and whether it provided for the proper protection of employees' rights and interests.

The Fair Work Commission, after considering the evidence and arguments presented by the parties, determined that the agreement substantially complied with the requirements of the Fair Work Act. The court found that the agreement met the criteria for approval under the Fair Work (Registered Organisations) Act 2009, and it provided for the proper protection of employees' rights and interests. The court further held that the agreement was fair and reasonable and did not have any adverse effects on the employees' rights and interests.

The Fair Work Commission approved the St John Ambulance Australia SA Inc Employees Enterprise Agreement 2015. The court ordered that the agreement be registered and enforceable as a registered agreement under the Fair Work Act 2009. The applicants were directed to provide a copy of the approved agreement to the respondents and to ensure that it was implemented in accordance with the terms of the agreement.

St John Ambulance Australia SA Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established