DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2018/5775)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD FIRST AID TRAINERS ENTERPRISE AGREEMENT 2018

Ambulance and patient transport
COMMISSIONER MCKINNON	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the St John Ambulance Western Australia Ltd First Aid Trainers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd First Aid Trainers Enterprise Agreement 2018 (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.

[3] The United Voice 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 is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 26 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John Ambulance Western Australia Limited sought approval for the St John Ambulance Western Australia Ltd First Aid Trainers Enterprise Agreement 2018. The application was brought in the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for a fair and efficient workplace relationship between St John Ambulance Western Australia Limited and its employees. The Commission had to assess whether the agreement included provisions that satisfied the "better off overall test" under the Act, ensuring that employees would not be worse off than they would be under their previous awards or agreements. The Commission also needed to consider if the agreement complied with procedural fairness requirements, including whether proper consultation had occurred.

The Commission found that the agreement met the "better off overall test" as it included provisions that were fair and efficient, providing a minimum of 19.5% increase over a four-year period, along with other benefits such as improved leave entitlements, shift penalties, and allowances. The Commission was satisfied that the agreement was the product of proper consultation, with evidence of engagement between the parties. Consequently, the Commission approved the agreement under the Act.

As a result of the Commission's approval, the St John Ambulance Western Australia Ltd First Aid Trainers Enterprise Agreement 2018 is now legally binding between the parties. This decision sets a precedent for future negotiations and agreements within the organisation, ensuring that workplace relationships are governed by fair and efficient agreements.

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