DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2015/3434)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD FIRST AID TRAINERS ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 AUGUST 2015

Application for approval of the St John Ambulance Western Australia Ltd First Aid Trainers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd First Aid 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 Western Australia Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 August 2015 and, in accordance with s.54, will operate from 12 August 2015. The nominal expiry date of the Agreement is 26 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John Ambulance Western Australia Ltd sought approval of their First Aid Trainers Enterprise Agreement 2015 from the Fair Work Commission. The respondents, who included various employees, argued that the agreement did not meet the requirements of the Fair Work Act 2009, primarily due to concerns over the provisions for minimum wages, classification of roles, and the incorporation of external documents. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the statutory requirements and if it met the "better off overall test."

The central legal issues the Commission had to address were whether the agreement provided for fair remuneration, accurately classified roles, and appropriately incorporated relevant external documents. Furthermore, the Commission had to determine if the agreement provided employees with a better overall package of terms and conditions compared to the relevant award or safety net award. The Commission considered submissions from both parties and examined the agreement against the legislative framework provided by the Fair Work Act 2009.

After reviewing the submissions and the content of the agreement, the Commission found that the First Aid Trainers Enterprise Agreement 2015 met the necessary requirements. The Commission determined that the agreement provided for fair remuneration and accurately classified roles. It also found that the incorporation of external documents was appropriate and did not detract from the overall fairness of the agreement. Moreover, the Commission concluded that the agreement met the better off overall test, as it provided employees with improved terms and conditions compared to the relevant award. Therefore, the Commission approved the agreement.

In light of the findings, the Commission approved the First Aid Trainers Enterprise Agreement 2015, effective from the date of the decision. The decision was binding on all parties involved and represented a resolution to the dispute regarding the agreement's compliance with the Fair Work Act 2009.

St John Ambulance Western Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established