St John Ambulance Australia (Tasmania) Inc.

[2018] FWCA 7280

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

St John Ambulance Australia (Tasmania) Inc.

(AG2018/3440)

St John Ambulance Australia Tasmania General Employees Enterprise Agreement 2017

Ambulance and patient transport
Commissioner Bissett	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the St John Ambulance Australia Tasmania General Employees Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia Tasmania General Employees Enterprise Agreement 2017 (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 (Tasmania) Inc. The Agreement is a single enterprise agreement.

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.

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

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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2018. The nominal expiry date of the Agreement is 27 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John Ambulance Australia (Tasmania) Inc. was a party in an application before the Fair Work Commission, seeking approval for the St John Ambulance Australia Tasmania General Employees Enterprise Agreement 2017. The dispute centred on the terms and conditions of employment for employees covered by the agreement, which was proposed to replace an existing enterprise agreement. The commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement satisfied the procedural requirements for approval, such as proper consultation with the employees and whether the agreement addressed the employees' terms and conditions of employment in a fair and reasonable manner. The commission had to consider whether the agreement provided for minimum rates of pay, reasonable working hours, and appropriate leave entitlements, among other matters. Additionally, the commission needed to assess whether the agreement contained provisions that were contrary to public policy or that unfairly disadvantaged any group of employees.

In its decision, the Fair Work Commission found that the application met the procedural requirements and that the agreement provided for fair and reasonable terms and conditions of employment. The commission noted that the agreement had been developed through a process of negotiation between the employer and the employees' representative, and that it addressed key issues such as pay rates, leave entitlements, and working conditions. The commission concluded that the agreement was not contrary to public policy and that it provided for a fair and reasonable outcome for all parties involved. Consequently, the commission approved the St John Ambulance Australia Tasmania General Employees Enterprise Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established