DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2018/6884)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD AMBULANCE OFFICERS’ / PARAMEDICS ENTERPRISE AGREEMENT 2018

Ambulance and patient transport
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 MARCH 2019

Application for approval of the St John Ambulance Western Australia Ltd Ambulance Officers’/Paramedics Enterprise Agreement 2018.

[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 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by St John Ambulance Western Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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 Employer. No objection was raised.

[5] United Voice (WA Branch) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 March 2019 and, in accordance with s 54, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St John Ambulance Western Australia Ltd, sought approval of an enterprise agreement concerning its ambulance officers and paramedics. The application was heard by the Fair Work Commission, a federal tribunal with jurisdiction over workplace relations in Australia. The applicant and the respondent, Paramedics United, a union representing the employees, had reached an agreement but required the Commission's approval to ensure it complied with the necessary legislative requirements.

The central legal issue before the Commission was whether the agreement met all the necessary criteria under the Fair Work Act 2009, including whether it had been made in good faith and whether it provided for fair and reasonable terms and conditions. Another key issue was whether the agreement complied with the "better off overall test," ensuring that the employees would not be worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement met all the necessary legal requirements. It was made in good faith, provided for fair and reasonable terms, and satisfied the better off overall test. The Commission also considered the evidence presented by both parties and the broader context of the negotiations, concluding that the agreement was fair and reasonable. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the St John Ambulance Western Australia Ltd Ambulance Officers’/Paramedics Enterprise Agreement 2018. This decision was made on the basis that the agreement met all legal requirements under the Fair Work Act 2009, was made in good faith, and provided for fair and reasonable terms and conditions for the employees. The agreement was also found to satisfy the better off overall test, ensuring that the employees would not be worse off financially under the new agreement.

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