[2020] FWCA 5711
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Ambulance Victoria
(AG2020/2824)

AMBULANCE VICTORIA ENTERPRISE AGREEMENT 2020

Ambulance and patient transport

DEPUTY PRESIDENT MANSINI

MELBOURNE, 27 OCTOBER 2020

Application for approval of the Ambulance Victoria Enterprise Agreement 2020.

[1] Ambulance Victoria has applied for approval of a single enterprise agreement known as the Ambulance Victoria Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about: the form of the application; whether the pre-approval requirements were met; and the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and related materials, 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.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act and supports approval of the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Australian Paramedics Association (VIC) Inc. and the Victorian Ambulance Union Incorporated, being employee bargaining representatives for the Agreement, respectively declared that the employees those organisations represent support approval of the Agreement.

[7] The Agreement was approved on 27 October 2020 and, in accordance with s.54, will operate from 3 November 2020. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509354 PR723926>