DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Australia (Tasmania) Inc
(AG2015/7769)

ST JOHN AMBULANCE AUSTRALIA TASMANIA TRAINERS ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the St John Ambulance Australia Tasmania Trainers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Australia Tasmania Trainers Enterprise Agreement 2015 (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.

[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 Australian Municipal, Administrative, Clerical and Services Union and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 4 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, St John Ambulance Australia (Tasmania) Inc sought approval for the St John Ambulance Australia Tasmania Trainers Enterprise Agreement 2015. The applicant, an employer, argued that the agreement was suitable for approval under the Fair Work Act 2009, asserting that it was made in good faith and provided for the terms and conditions of employment for trainers employed under the agreement. The applicant contended that the agreement was fair and reasonable, taking into account the requirements of the Fair Work Act and the need for flexibility in the workplace.

The Commission was required to determine whether the agreement met the criteria for approval under section 230 of the Fair Work Act. Specifically, it had to ascertain whether the agreement was made in good faith, whether it contained terms and conditions of employment, and whether it was fair and reasonable having regard to the matters specified in section 230(1)(b) and (c) of the Act. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it complied with the relevant provisions of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and contained terms and conditions of employment. The Commission was satisfied that the agreement was fair and reasonable, taking into account the requirements of the Fair Work Act and the need for flexibility in the workplace. The Commission also determined that the agreement provided for appropriate mechanisms for the resolution of disputes and complied with the relevant provisions of the Fair Work Act.

Consequently, the Commission approved the St John Ambulance Australia Tasmania Trainers Enterprise Agreement 2015. The approval is subject to the terms and conditions set out in the agreement, which will apply to trainers employed under the agreement. The decision provides certainty for both employers and employees and ensures that the agreement is compliant with the requirements of the Fair Work Act.

St John Ambulance Australia (Tasmania) Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established