St John Ambulance Western Australia Ltd Summary

[2022] FWCA 827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John Ambulance Western Australia Ltd

(AG2022/164)

St John Ambulance Western Australia Ltd.Transport Officers Enterprise Agreement 2020

Ambulance and patient transport
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MARCH 2022

Application for approval of the St John Ambulance Western Australia Ltd Transport Officers Enterprise Agreement 2020

St John Ambulance Western Australia Ltd has made an application for the approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd Transport Officers Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Ambulance Employees Association of Western Australia, and the United Workers Union (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 9 March 2022 and, in accordance with s 54, will operate from 16 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by St John Ambulance Western Australia Ltd to the Fair Work Commission for the approval of the St John Ambulance Western Australia Ltd Transport Officers Enterprise Agreement 2020. The agreement sought to regulate the terms and conditions of employment for transport officers employed by the company. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved.

The legal issues before the court centred on whether the enterprise agreement complied with the Fair Work Act 2009, including whether it had been made in good faith and whether it provided for a fair and efficient workplace. Additionally, the court considered whether the agreement included appropriate mechanisms for dispute resolution and whether it addressed the needs of vulnerable employees, such as those with disabilities. The court also had to examine whether the agreement included adequate provisions for parental leave and other family-related responsibilities.

The Fair Work Commission found that the enterprise agreement was compliant with the requirements of the Fair Work Act 2009. The court noted that the agreement had been made in good faith and provided for a fair and efficient workplace. The agreement included appropriate mechanisms for dispute resolution and addressed the needs of vulnerable employees. The court also found that the agreement included adequate provisions for parental leave and other family-related responsibilities. Therefore, the court approved the enterprise agreement.

The Fair Work Commission approved the St John Ambulance Western Australia Ltd Transport Officers Enterprise Agreement 2020, effective from 1 July 2020. The court ordered that the agreement be registered with the Fair Work Commission and that it be given effect as a registered agreement under the Fair Work Act 2009. The approval ensures that the agreement will govern the terms and conditions of employment for transport officers employed by St John Ambulance Western Australia Ltd for the specified period.

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