DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2015/1389)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD COMMUNICATIONS OFFICERS ENTERPRISE AGREEMENT 2014

Ambulance and patient transport
COMMISSIONER LEE	HOBART, 23 JUNE 2015

Application for approval of the St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2014 (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] 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 June 2015 and, in accordance with s.54 of the Act, will operate from 30 June 2015. The nominal expiry date of the Agreement is
30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John Ambulance Western Australia Ltd was the subject of an application for the approval of the St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2014. The applicant sought approval of the enterprise agreement under section 232 of the Fair Work Act 2009. The Fair Work Commission was the court which heard the matter.

The central legal issue was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees involved, and if it complied with the relevant provisions of the Act.

The Commission concluded that the proposed enterprise agreement was fair and reasonable and thus met the criteria for approval. The Commission noted that the agreement was the product of genuine bargaining and that it provided for terms and conditions that were no less favourable than the relevant awards or the National Employment Standards. The Commission also found that the agreement complied with the relevant provisions of the Act, including the requirement that it be in writing and signed by the parties.

The Commission approved the proposed enterprise agreement, and it will now be binding on the parties from the effective date. The agreement provides for a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution procedures.

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