Application for approval of the St John Ambulance Western Australia Ltd Preventative Trainers and Facilitators Enterprise Agreement 2024 – whether the Independent Education Union of Australia has constitutional coverage – definition of a teacher – correct modern award for better off overall test – Independent Education Union of Australia does not have constitutional coverage and cannot be party to Agreement – correct award is Miscellaneous Award – genuine agreement – requirements for approval met subject to undertakings – Agreement approved.

Introduction

St John Western Australia Ltd has applied to the Fair Work Commission for approval of the St John Ambulance Western Australia Ltd Preventative Trainers and Facilitators Enterprise Agreement 2024. The application was made under s 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement and covers employees in SJWA’s Training and Equipment subdivision in Trainer and Facilitator classifications. The United Workers’ Union and the Independent Education Union of Australia were bargaining representatives in the negotiations for the Agreement.

In this matter, there are two issues I must determine.

Firstly, whether the IEU has constitutional coverage over the SJWA employees covered by the Agreement. SJWA and the UWU say the IEU does not. The IEU holds the opposite view. There is no contest regarding the UWU’s constitutional coverage.

Secondly, what the appropriate modern award for the purposes of the Better Off Overall Test in s 186(2)(d) of the Act is. SJWA contends it is the Miscellaneous Award 2020. The UWU and the IEU say it is the Educational Services (Post-Secondary Education) Award 2020.

I heard the matter on Tuesday 18 February 2025. I granted permission for Mr Andrew Pollock of Counsel to represent SJWA and Ms Bobbi Murphy of Counsel to represent the IEU.

Having considered the evidence and submissions of the parties, I find that the IEU does not have constitutional coverage and cannot be a party to the Agreement. I also find that the relevant award is the Miscellaneous Award.

The detailed reasons for my decision follow.

Evidence

SJWA called Ms Leanne Bott (SJWA Head of Training and Equipment), Ms Peta Marshall (SJWA Head of Training Design and Governance), Ms Carly Rees (SJWA Industrial Relations Manager) and Ms Paige O’Shea (SJWA Legal Counsel) to give evidence.

The IEU called Ms Rebecca Collopy (IEU WA Branch Secretary), Ms Raechel Smith (IEU WA Branch Organiser) and Ms Eleanor Hill (IEU member and retired SJWA employee) to give evidence.

The evidence of the witnesses was largely consistent, and I found no issues with the credibility of any witness. I found Ms Bott’s evidence to be particularly persuasive in its detail and cogency. I found Ms Hill’s evidence…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: St John Western Australia Ltd [2025] FWCA 2035
Case: [2025] FWCA 2035
Decision Date: 19 JUNE 2025

CaseChat Overview and Summary

St John Western Australia Ltd applied for the approval of the St John Ambulance Western Australia Ltd Preventative Trainers and Facilitators Enterprise Agreement 2024. The Independent Education Union of Australia contested the application, arguing it did not have constitutional coverage and therefore could not be a party to the Agreement. The Fair Work Commission was asked to determine whether the union had constitutional coverage, the correct modern award, and whether the agreement met the requirements for approval.

The Commission first considered whether the Independent Education Union of Australia had constitutional coverage. It found that the union did not have constitutional coverage and therefore could not be a party to the Agreement. The Commission then considered the correct modern award for the purpose of the better-off overall test and found that the correct award was the Miscellaneous Award. The Commission found that the Agreement was a genuine agreement and that all the requirements for approval had been met subject to undertakings. The Commission approved the Agreement subject to the undertakings being met.

The Fair Work Commission approved the Agreement subject to the undertakings being met. The Commission found that the Independent Education Union of Australia did not have constitutional coverage and therefore could not be a party to the Agreement. The Commission found that the correct award for the purpose of the better-off overall test was the Miscellaneous Award. The Commission found that the Agreement was a genuine agreement and that all the requirements for approval had been met subject to undertakings. The Commission approved the Agreement subject to the undertakings being met.

Orders