Australian Red Cross Society T/A Australian Red Cross Summary

[2014] FWCA 2439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Red Cross Society T/A Australian Red Cross
(AG2014/5593)

LADY LAWLEY COTTAGE ENROLLED NURSES AND RESIDENTIAL SUPPORT WORKER CERTIFIED AGREEMENT 2011

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 17 APRIL 2014

Application for approval of the Lady Lawley Cottage Enrolled Nurses and Residential Support Worker Certified Agreement 2011.

[1] On 7 April 2014, Australian Red Cross Society T/A Australian Red Cross made application for approval of a single enterprise agreement to be known as the Lady Lawley Cottage Enrolled Nurses and Residential Support Worker Certified Agreement 2011 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 24 March 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 April 2014.

[7] The nominal expiry date of this Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Australian Red Cross Society T/A Australian Red Cross, the applicant sought approval of the Lady Lawley Cottage Enrolled Nurses and Residential Support Worker Certified Agreement 2011. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement was fair and reasonable.

The legal issues before the Commission centred on whether the terms and conditions of the agreement were consistent with the Fair Work Act 2009. This included assessing whether the agreement adequately provided for the employees' wages, hours of work, and other conditions of employment. Additionally, the Commission needed to consider whether the agreement included appropriate mechanisms for resolving disputes between the parties.

The Fair Work Commission found that the agreement was fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were consistent with the principles of the Fair Work Act. The agreement included provisions for fair wages, reasonable hours of work, and adequate leave provisions. Furthermore, the Commission found that the agreement included effective dispute resolution mechanisms that would ensure that any issues that arose could be resolved in a timely and efficient manner. Based on these findings, the Commission approved the agreement.

The Fair Work Commission's decision to approve the Lady Lawley Cottage Enrolled Nurses and Residential Support Worker Certified Agreement 2011 provides important guidance for employers and employees in the healthcare industry. The approval of this agreement demonstrates the importance of reaching agreement on fair and reasonable terms and conditions of employment, and highlights the role of the Fair Work Commission in ensuring that such agreements are consistent with the principles of the Fair Work Act.

Australian Red Cross Society T/A Australian Red Cross

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established