DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Western Australia Ltd.
(AG2020/3799)

ST JOHN AMBULANCE WESTERN AUSTRALIA LTD. ADMINISTRATION AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 6 JANUARY 2021

Application for approval of the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2020 (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 Western Australia Ltd. The Agreement is a signle-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2021. The nominal expiry date of the Agreement is 28 December 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, St John Western Australia Ltd, sought approval from the Fair Work Commission for the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2020. The dispute centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission, comprising of a delegate of the President, was tasked with determining the validity of the agreement.

The primary legal issues revolved around the compliance of the agreement with the procedural and substantive requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement had been made in accordance with the good faith bargaining process and whether it met the criteria for approval, such as ensuring that employees were not disadvantaged by the terms of the agreement. Furthermore, the Commission examined whether the agreement provided adequate protections for employees and complied with minimum workplace standards.

After carefully reviewing the evidence and submissions presented by both parties, the Commission concluded that the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2020 met the necessary requirements for approval. The Commission found that the agreement was the product of genuine good faith bargaining and did not disadvantage employees. The terms of the agreement were deemed to provide adequate protections for employees and complied with the minimum workplace standards stipulated in the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the St John Ambulance Western Australia Ltd. Administration and Support Services Enterprise Agreement 2020, finding it to be compliant with the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and provided adequate protections for employees, while also meeting the minimum workplace standards. This decision affirmed the validity of the agreement and allowed it to be implemented for the parties involved.

St John Western Australia Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established