St John Ambulance Western Australia Ltd

[2018] FWCA 1938

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

St John Ambulance Western Australia Ltd

(AG2017/6297)

St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2017

Health and welfare services
Commissioner Harper-Greenwell	MELBOURNE, 4 APRIL 2018

Application for approval of the St John Ambulance Western Australia Ltd Communications Officers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd Communications Officers 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.

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.

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.

The Agreement was approved on 4 April 2018 and, in accordance with s.54, will operate from 11 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were St John Ambulance Western Australia Ltd and the Communications Officers Enterprise Agreement 2017. The dispute centred around the application for the approval of this agreement, which was being challenged on several grounds. The Fair Work Commission was the court that heard the case.

The legal issues that the court was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning minimum rates of pay, allowances, and other entitlements. The court also had to consider whether the agreement was procedurally fair and whether it was made in good faith.

The court found that the agreement was in compliance with the Fair Work Act 2009 and met all the necessary requirements. The court also found that the agreement was procedurally fair and had been made in good faith. The court rejected the arguments made by the party opposing the agreement, finding that there was no evidence to support their claims.

The final orders of the court were that the Communications Officers Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision means that the agreement will now be legally binding on the parties involved and will govern the terms and conditions of employment for the relevant workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established