St John Ambulance Western Australia Ltd T/A St John Ambulance Western Australia Ltd
[2022] FWCA 2936
•25 AUGUST 2022
| [2022] FWCA 2936 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St John Ambulance Western Australia Ltd T/A St John Ambulance Western Australia Ltd
(AG2022/3211)
Application by St John Ambulance Western Australia Ltd T/A St John Ambulance Western Australia Ltd
| Ambulance and patient transport | |
| COMMISSIONER WILLIAMS | PERTH, 25 AUGUST 2022 |
Application for approval of the St John Ambulance Western Australia Ltd Ambulance Officers’ / Paramedics Enterprise Agreement 2021
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 2021 (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 T/A St John Ambulance Western Australia Ltd. The Agreement is a single enterprise agreement.
I note the United Workers’ Union has queried whether casual employees will always be better off overall under the terms of the Agreement in circumstances where a particular employee only works Saturdays and/or public holidays. Considering:
a) the very significant percentage increases in the Agreement base rates compared to the Ambulance and Patient Transport Industry Award 2020 [MA000098] (the Award),
b) that the Agreement provides a casual employee can only be in a classification of AP 1 or above,
c) that the hypothetical scenario where a casual employee never works any shifts other than Saturdays or public holidays is unlikely,
and taking into account the numerous other beneficial provisions provided in the Agreement that are either better than the Award, or benefits the Award does not provide (as detailed in the Better off Overall Test comparison Appendix 1 - Boot Summary to the Applicant's Form F17), I am satisfied that this issue is not at all an impediment to the approval of the 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 United Workers’ Union 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 is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 25 August 2026.
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