St John Ambulance Western Australia Ltd
[2023] FWCA 2509
•10 AUGUST 2023
| [2023] FWCA 2509 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St John Ambulance Western Australia Ltd
(AG2023/2555)
ST JOHN AMBULANCE WESTERN AUSTRALIA LTD. ADMINISTRATION AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2023
| Ambulance and patient transport | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 10 AUGUST 2023 |
Application for approval of the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer St John Ambulance Western Australia Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 19 July 2022 and the Agreement was made on 17 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Correspondence was sent to the parties by my Chambers seeking clarification as to whether Trainees are covered by the Agreement. The employer responded advising that the intention is they are not in the Agreement. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that Trainees are not a type of employment that is reasonably foreseeable as that is relevant for the better off overall test.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement was approved on 10 August 2023 and, in accordance with s.54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 28 December 2025.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
Printed by authority of the Commonwealth Government Printer
<AE521076 PR765091>
0
0
0