[2025] FWC 1375

Fair Work Act 2009

s 240 - Bargaining dispute

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

Ambulance Employees Association of Western Australia T/A AEAWA

Alleged dispute concerning enterprise agreement negotiations regarding claims for rates of pay, shift lengths and similar matters.

• [1] This matter concerns bargaining between St John Ambulance Western Australia Ltd trading as St John Ambulance WA, the United Workers' Union and the Ambulance Employees Association Western Australia trading as AEAWA for an enterprise agreement to replace the St John Ambulance Western Australia Ltd Ambulance Officers' / Paramedics Enterprise Agreement 2021. The Agreement covers approximately 1,200 employees engaged by St John in roles such as Ambulance Officers, Station Managers/Officers and Paramedics.

• [2] The Agreement reached its nominal expiry date on Sunday 30 June 2024. St John issued a Notice of Employee Representational Rights on Monday 11 December 2023. Since then, there have been over 20 bargaining and enterprise agreement drafting meetings.

• [3] On Friday 14 March 2025, St John put a draft enterprise agreement to the workforce for a ballot. This draft agreement was voted down by a majority of the workforce.

• [4] On Monday 24 March 2025 and Tuesday 25 March 2025, the UWU and the AEAWA applied to the Fair Work Commission for protected action ballot orders respectively. Both protected action ballots were endorsed by a majority of the voting cohorts.

• [5] On Monday 24 March 2025, St John applied to the Commission under s 240 of the Fair Work Act 2009 (Cth) for the Commission to deal with a bargaining dispute. Since then, I have conducted four full-day conferences with the parties to progress the negotiations for a replacement agreement.

• [6] When bargaining in the Commission commenced, the parties were apart on the following claims:

• Rates of pay.
• Breaks between shifts for employees working the 2/2/4 roster pattern and the 4x4 roster pattern.
• The block-out period in respect of work that can be allocated towards the conclusion of a particular shift.
• The length of Community Paramedic secondment lengths and the period to which such secondments are extended.
• Introduction of a new day, early, late and night roster pattern.
• Rates of pay for the CCP/ECP classification.
• The manner in which overtime is allocated by St John.
• A framework for addressing performance and conduct issues.
• The introduction of a new classification, namely AP4.
• A method of addressing the taking of long service leave.
• Updates to the consultation committee's considerations and outcomes.
• A method of developing back-to-back community paramedic coverage over a period of time.

• [7] Over the course of the conferences before me, the parties have engaged in genuine and robust discussions to reach solutions that are suitable for the workforce. I recognise the work all three parties have put into this process.

• [8] At a conference held on Wednesday 14 May 2025, St John put their best offer to the bargaining representatives, which is as follows:

This wage outcome being based on savings made through:

1. Reducing ambulance cleaning time from 30 minutes to 15 minutes;
2. Reverting to a flat rate for night shift payments for all classifications equivalent to the current rate for AP3 classification (plus annual indexation);
3. Reverting to the existing flat rate structure for the on-road tutor allowance and the working with volunteer allowance (plus annual indexation); and
4. Reducing the allowances for a CPHC Trainer and CPHC Training Co-ordinator from 8% and 10% of rolled-in rate to 5% and 7% respectively.

Application: Classifications SO3 and below, and PSO, qualify for 7% in year 1. Classifications "grandfathered clinical education trainer" and above qualify for rates set out in the current draft agreement in year 1 (other than PSO).

Backpay: St John will pay a lump sum to each employee equivalent to backpay from the expiry date of the 2021 enterprise agreement to commencement of the agreement inclusive, based on actual hours worked and allowances incurred for each employee.

9.1/5/5 compounded over 3 years is a total 20.3% pay rise (which CCPs will get).

(For context: Currently the CCP rolled-in rate is higher than AP3 by $145,706 - $121,437 = $24,269 per annum.

At the end of next agreement, the delta will be $175,298 - $143,256 = $32,041 per annum).

In the final 15 minutes only P0 and P1 jobs can be allocated.

In the final 90 minutes: No interfacility transfer > 35km unless P1.

Two years + 1 year extension + 1 year extension by mutual agreement.

St John commits to implementing a digital rostering system for the allocation of overtime within the life of the new enterprise agreement. This will permit

employees to select overtime online in conjunction with overtime policy rules.

A clause to be inserted into the Proposed Agreement that defines performance management; misconduct; and serious misconduct.

A clause to be inserted into the Proposed Agreement outlining the management of Long Service Leave.

The Consultation Clause to be amended to reflect agreed changes.

A commitment towards back-to-back CP coverage to be recognised in the Proposed Agreement.

• [9] I understand that St John will be putting this offer to the workforce in the form of a Proposed Agreement for them to vote on, with the access period to start no later than Wednesday 28 May 2025.

• [10] It is my view that any further protected industrial action will not achieve a better bargaining outcome. Even if members of the UWU or the AEAWA were to take further industrial action, St John is not in the position to increase its offer due to the constraints of its contract with the WA State Government and the losses St John has incurred to-date. Simply put, the members are likely to experience further industrial pain and loss of wages for the period of protected industrial action, for no greater outcome.

• [11] There is also a very real risk that continuing or escalating protected industrial action will only result in the parties being bogged down in litigation before either the Commission or the Courts. This would provide no benefit to the workforce or negotiations.

• [12] I also note the framework of enterprise bargaining when a bargaining deadlock occurs. If no enterprise agreement is made between the parties, there is a real prospect that one of the parties will apply to the Commission for an Intractable Bargaining Declaration. I do not express a view as to the outcome of such a process. However, I do observe that to date, IBD proceedings before the Commission have been protracted and resource-intensive. I also note that the possible outcome of an IBD is that it is the Commission, not the parties, who will decide what is and what is not included in a replacement enterprise agreement.

• [13] With all of this in mind, there is a real opportunity for the parties to conclude negotiations and for the workforce to receive the benefits of a hard-fought negotiation and industrial campaign that has been on foot for well over 12 months.

• [14] I understand that both the UWU and AEAWA will be recommending to their members that they vote in support of the Proposed Agreement.

• [15] The UWU and AEAWA have also undertaken to the Commission that any active notices of protected industrial action will be withdrawn on Friday 16 May 2025 at 12:00pm AWST.

• [16] I strongly recommend that St John's offer be voted up. The workforce covered by these negotiations provide highly valuable and integral services to the Western Australian community. It is time for them to receive the benefits of a pay increase and the improved terms and conditions negotiated by the parties.

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