St John Ambulance Australia (Western Australia) Inc. Summary

[2013] FWCA 2304

FAIR WORK COMMISSION

DECISION

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

St John Ambulance Australia (Western Australia) Inc.
(AG2013/880)

ST JOHN AMBULANCE AUSTRALIA (WESTERN AUSTRALIA) INC FIRST AID TRAINERS ENTERPRISE AGREEMENT 2011-2014

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 18 APRIL 2013

Application for approval of the St John Ambulance Australia (Western Australia) Inc First Aid Trainers Enterprise Agreement 2011-2014

[1] On 11 April 2013, St John Ambulance Australia (Western Australia) Inc made application for approval of a single enterprise agreement to be known as the St John Ambulance Australia (Western Australia) Inc First Aid Trainers Enterprise Agreement 2011-2014 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 28 March 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] United Voice has declared that it was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, United Voice supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 25 April 2013.

[7] The nominal expiry date of this Agreement is 30 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved St John Ambulance Australia (Western Australia) Inc, who applied for approval of the St John Ambulance Australia (Western Australia) Inc First Aid Trainers Enterprise Agreement 2011-2014. The application was made under section 234 of the Fair Work Act 2009. The primary legal issue the court had to address was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the terms and conditions of employment that were no worse off financially than the applicable award or safety net award, and if it complied with the other statutory requirements.

The court examined the agreement to ensure it provided for a fair and balanced set of terms and conditions, and that it did not contain any provisions that were detrimental to the employees. The court considered the submissions from both parties, focusing on whether the agreement achieved the objectives of the Fair Work Act 2009, particularly the balance between the rights of employers and employees. After reviewing the provisions of the agreement, the court concluded that the agreement did meet the statutory requirements and was fair and reasonable. The court approved the agreement, acknowledging its compliance with the legislative framework and its balanced approach to the rights of both parties.

As a result of the court's decision, the St John Ambulance Australia (Western Australia) Inc First Aid Trainers Enterprise Agreement 2011-2014 was approved and became legally binding between the employer and the employees. This decision provided certainty for the parties involved and ensured that the agreement would govern their employment terms and conditions for the specified period.

St John Ambulance Australia (Western Australia) Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established