Red Gum House Limited T/A Ronald McDonald House Charities Northern NSW

[2024] FWCA 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Red Gum House Limited T/A Ronald McDonald House Charities Northern NSW

(AG2024/1628)

RONALD MCDONALD HOUSE CHARITIES NORTHERN NSW ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 JUNE 2024

Application for approval of the Ronald McDonald House Charities Northern NSW Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ronald McDonald House Charities Northern NSW Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 12 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Red Gum House Limited trading as Ronald McDonald House Charities Northern NSW, applied for the approval of the Ronald McDonald House Charities Northern NSW Enterprise Agreement 2024. The application involved the consideration of the terms and conditions of employment for the employees of the charity organisation, aiming to establish a new enterprise agreement that would govern the workplace relations for the specified period. The dispute primarily revolved around the procedural fairness of the agreement-making process and whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the court encompassed the compliance of the agreement with the procedural fairness requirements, as well as its conformity with the statutory minimum standards set by the Fair Work Act. The court had to determine if the agreement was made in accordance with the provisions of the Act, specifically considering whether the process followed was fair and whether the terms of the agreement provided for fair and reasonable terms of employment. Additionally, the court assessed whether the agreement met the criteria for being a single, integrated, and effective enterprise agreement.

The Fair Work Commission examined the evidence provided by both parties regarding the negotiation process and the contents of the agreement. It was found that the negotiation process adhered to the procedural fairness requirements, with adequate representation and opportunity for both parties to participate. The court noted that the agreement contained terms that were fair and reasonable, taking into account the needs and circumstances of the employees and the operational requirements of the charity. The Commission concluded that the agreement was not only procedurally sound but also met the statutory minimum standards. Consequently, the application for the approval of the Ronald McDonald House Charities Northern NSW Enterprise Agreement 2024 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established