DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Ambulance Western Australia Ltd
(AG2017/5856)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD. ADMINISTRATION AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Ambulance and patient transport
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2018

Application for approval of the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2017.

[1] 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 2017 (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] 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.

[3] Subject to the undertakings referred to above, 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 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.

[4] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 28 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John Ambulance Western Australia Ltd applied to the Fair Work Commission for approval of the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for certain employees within the organisation. The application was made under the Fair Work Act 2009, which governs workplace relations and employment agreements in Australia.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Act and met the requirements for an enterprise agreement. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission examined whether the agreement appropriately covered the nominated employees and if it included all mandatory terms as required by the Act.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission determined that the terms and conditions of employment provided for in the agreement were fair and reasonable. It was satisfied that the agreement had been negotiated in good faith and that the process followed was procedurally fair. Furthermore, the Commission confirmed that the agreement appropriately covered the nominated employees and included all mandatory terms as required by the Act. Consequently, the Commission approved the agreement under section 176 of the Fair Work Act 2009.

The Fair Work Commission approved the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2017. This decision ensures that the terms and conditions of employment for the nominated employees are legally binding and compliant with the requirements of the Fair Work Act 2009. The approved agreement now serves as a framework for the employment relationship between St John Ambulance Western Australia Ltd and the covered employees.

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