| [2025] FWCA 2337 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
St John Ambulance Western Australia Ltd
(AG2025/2036)
ST JOHN AMBULANCE WESTERN AUSTRALIA LTD AMBULANCE OFFICERS' / PARAMEDICS ENTERPRISE AGREEMENT 2024
| Ambulance and patient transport industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 15 JULY 2025 |
Application for approval of the St John Ambulance Western Australia Ltd Ambulance Officers' / Paramedics Enterprise Agreement 2024
Introduction
St John Ambulance Western Australia Ltd (Employer) has made an application for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd Ambulance Officers' / Paramedics Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 4 of the Agreement. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The United Workers Union (UWU) 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 UWU.
Approval
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 July 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529705 PR789636>
- AGLC
- St John Ambulance Western Australia Ltd [2025] FWCA 2337
- Case
- [2025] FWCA 2337
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the agreement had been genuinely bargained for and reflected the independent wishes of the parties. The Commission examined whether the process leading to the agreement was free from any undue influence or coercion and whether it had been negotiated in good faith. Additionally, the Commission had to assess if the agreement contained all the prescribed minimum terms and conditions as mandated by the Fair Work Act.
The Fair Work Commission found that the agreement had been genuinely bargained for, as it was the product of negotiations between St John Ambulance Western Australia Limited and the union representatives in good faith. The Commission noted that the agreement covered all prescribed minimum terms and conditions and was in the best interests of the employees. The Commission concluded that the agreement met the legal requirements for approval and would provide fair and reasonable terms for the employees.
The Fair Work Commission approved the St John Ambulance Western Australia Ltd Ambulance Officers' / Paramedics Enterprise Agreement 2024, effective from 1 March 2024. The Commission's decision was based on the findings that the agreement had been genuinely bargained for, was in the best interests of the employees, and met the legal requirements for approval under the Fair Work Act 2009.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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