DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2015/212)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD AMBULANCE OFFICERS’ / PARAMEDICS ENTERPRISE AGREEMENT 2014

Ambulance and patient transport
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd Ambulance Officers’ / Paramedics 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] 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] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, St John Ambulance Western Australia Ltd, sought approval for the Ambulance Officers' / Paramedics Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to consider whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for paramedics and ambulance officers employed by the applicant organisation.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable process for the resolution of disputes, whether it contained appropriate provisions for the protection of employees' health and safety, and whether it provided for appropriate terms and conditions of employment, including pay and conditions. The Commission was also required to consider whether the agreement was in the best interests of the employees and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The Commission found that the agreement met the requirements of the Fair Work Act 2009. It determined that the agreement provided for a fair and reasonable process for the resolution of disputes, contained appropriate provisions for the protection of employees' health and safety, and provided for appropriate terms and conditions of employment, including pay and conditions. The Commission also found that the agreement was in the best interests of the employees and was likely to promote harmonious, productive and cooperative workplace relations. The application was therefore approved.

The Commission made an order approving the Ambulance Officers' / Paramedics Enterprise Agreement 2014, subject to certain modifications. The modifications related to the process for the resolution of disputes and the provisions for the protection of employees' health and safety. The applicant was required to implement the modified agreement within a specified period.

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