DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2015/1270)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD TRANSPORT OFFICERS ENTERPRISE AGREEMENT 2014

Ambulance and patient transport
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JUNE 2015

Application for approval of the St John Ambulance Western Australia Ltd Transport 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 Transport 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from St John Ambulance Western Australia Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

St John Ambulance Western Australia Ltd applied for the approval of their Transport Officers Enterprise Agreement 2014 in the Fair Work Commission. The application was contested by the Australian Council of Trade Unions, contending that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The central dispute revolved around the provisions within the agreement that the unions claimed were not sufficiently aligned with the legislative framework designed to protect employee rights and ensure fair work practices.

The legal issues before the commission were primarily focused on whether the agreement adequately covered all mandatory terms and conditions as stipulated by the Fair Work Act, and whether it provided fair and reasonable terms for the employees. The unions argued that the agreement fell short in several critical areas, including minimum wage rates, leave entitlements, and procedural fairness. They posited that the agreement did not provide adequate protections and benefits to the employees, which were essential components of a compliant enterprise agreement.

The Fair Work Commission, after thorough deliberation, found that while the agreement contained many appropriate provisions, it did not fully comply with certain mandatory requirements of the Fair Work Act. Specifically, the commission identified deficiencies in the provisions relating to minimum wage rates and procedural fairness. However, the commission was satisfied that the overall intent of the agreement was to provide fair and reasonable terms and conditions for the employees. Considering the minor deficiencies, the commission approved the agreement, subject to certain amendments to ensure full compliance with the legislative requirements. The decision underscored the importance of ensuring that enterprise agreements meet all mandatory terms to protect employees' rights effectively.

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