St John Ambulance Western Australia Ltd T/A St John Ambulance Western Australia Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, St John Ambulance Western Australia Ltd, trading as St John Ambulance Western Australia Ltd, applied for the approval of the St John Ambulance Western Australia Ltd Ambulance Officers' / Paramedics Enterprise Agreement 2021. The applicants sought to have the agreement approved under the Fair Work Act 2009, as it represents a new enterprise agreement for the paramedic workforce. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set forth in the Fair Work Act, specifically sections 230 and 231. These sections mandate that an enterprise agreement must be fair and reasonable, and the Commission must consider various factors, including whether the agreement provides for fair remuneration and conditions of employment. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any employee or group of employees.

In delivering its decision, the Commission considered the submissions from both parties and examined the provisions of the proposed agreement. The Commission found that the agreement contained terms and conditions that were fair and reasonable. It was noted that the agreement provided for adequate remuneration, reasonable working hours, and appropriate leave provisions. Furthermore, the Commission determined that the agreement did not unfairly discriminate against any employee or group of employees. Consequently, the Commission approved the proposed enterprise agreement, finding it to be in accordance with the requirements of the Act.

The Fair Work Commission approved the St John Ambulance Western Australia Ltd Ambulance Officers' / Paramedics Enterprise Agreement 2021, confirming that it met the necessary criteria under the Fair Work Act. The Commission's decision was based on its determination that the agreement provided for fair and reasonable terms and conditions of employment, without unfairly discriminating against any employee or group of employees. This approval ensures that the agreement will be binding on the parties involved, providing a clear framework for the terms and conditions of employment for the paramedic workforce.

St John Ambulance Western Australia Ltd T/A St John Ambulance Western Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established