St John Ambulance Western Australia Ltd Summary

[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.

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CaseChat Overview and Summary

St John Ambulance Western Australia Limited applied to the Fair Work Commission for approval of the St John Ambulance Western Australia Administration and Support Services Enterprise Agreement 2023. The dispute concerned the terms and conditions of employment for certain workers within the organisation. The Commission was tasked with determining whether the proposed agreement met the necessary legal standards under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement provided fair and reasonable terms for the employees, whether it complied with the statutory minimum standards, and whether it appropriately balanced the interests of both the employer and the employees. The Commission assessed the provisions of the agreement against these criteria, considering factors such as the negotiation process, the content of the agreement, and the implications for the workforce.

The Commission found that the negotiation process was fair and that the agreement contained provisions that were reasonable in all the circumstances. It also determined that the agreement met the statutory minimum standards and appropriately balanced the interests of both parties. The agreement included provisions for wages, leave entitlements, and other conditions of employment, which the Commission found to be fair and reasonable. The Commission was satisfied that the agreement was in the best interests of the employees and approved it accordingly. In reaching its decision, the Commission emphasised the importance of fair and effective workplace agreements that protect the rights and interests of both employers and employees. The approval of the agreement ensures that the terms and conditions of employment are clear and legally compliant, providing a stable and predictable working environment for the employees involved.

St John Ambulance Western Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established