DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2020/3451)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD COMMUNICATIONS OFFICERS ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ Union (UWU) 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.

[4] The Agreement was approved on 3 December 2020 and, in accordance with s.54, will operate from 10 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John Ambulance Western Australia Ltd applied to the Fair Work Commission for the approval of the St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2020. The dispute centred on whether the enterprise agreement provided adequate provisions for the communications officers, and whether it met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and whether it met the statutory minimum terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided adequate protections for the employees, and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement provided for the proper operation of the employer's business, and whether it met the requirements of the public interest. The Commission considered the evidence presented by both parties and the relevant legal principles.

The Fair Work Commission found that the agreement was in the public interest and met the statutory minimum terms and conditions of employment. The Commission was satisfied that the agreement provided adequate protections for the employees, and that it was consistent with the proper operation of the employer's business. The Commission also found that the agreement met the requirements of the public interest, and that it was fair and reasonable.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions. The agreement was approved for a period of four years, and will apply to all communications officers employed by St John Ambulance Western Australia Ltd. The Commission made orders to ensure that the agreement was properly implemented and enforced.

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