In St John Ambulance Western Australia Ltd T/A St John Ambulance WA  and United Workers’ Union and Ambulance Employees Association of Western Australia T/A AEAWA [2025] FWC 1375, Commissioner Lim of the Fair Work Commission made recommendations to try and resolve an ongoing dispute between St John Ambulance (WA) and its staff.

The dispute was about the terms of an enterprise agreement to replace the St John Ambulance Western Australia Ltd Ambulance Officers’ / Paramedics Enterprise Agreement 2021. The 2021 agreement had expired in June 2024 and negotiations had been ongoing since December 2023 ([2]).  A draft agreement had been put to, and rejected by the workforce on 14 March 2025.  The unions sought, and received, endorsement by their members to engage in protected industrial action ([4]).   On 24 March, St John Ambulance asked the Commission to get involved in trying to resolve the outstanding issues ([5]).  At that time, outstanding issues between the parties related to ([6]):

  • Rates of pay.
  • Breaks between shifts for employees working the 2/2/4 roster pattern and the 4×4 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.

The parties took part in negotiations and ‘on Wednesday 14 May 2025, St John put their best offer to the bargaining representatives’ ([8]).  (The ‘best offer’ is long and detailed so I don’t reproduce it here but those interested can see the details in the decision at [8]).  This offer is to be put 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’ ([9]).

Commissioner Lim gave this assessment, or perhaps warning, when she said (at [10]-[12]):

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.

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.

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.

She recommended that the workforce vote in support of the proposed agreement ([16]) and noted that she understood the two unions would be recommending that their members vote to accept the agreement ([14]). 

It remains to be seen whether the St John workforce will accept the current offer.

This blog is made possible with generous financial support from (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.