The Australian Red Cross Society

[2023] FWCA 2112

[2023] FWCA 2112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Red Cross Society

(AG2023/1979)

AUSTRALIAN RED CROSS LIFEBLOOD NATIONAL CONTACT CENTRE ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MATHESON	SYDNEY, 10 JULY 2023

Application for approval of the Australian Red Cross Lifeblood National Contact Centre Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Australian Red Cross Lifeblood National Contact Centre Enterprise Agreement 2023 (Agreement). The application was made by The Australian Red Cross Society (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A states that the notification time for the Agreement is a date prior to 6 June 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

1. As the agreement was made on 6 June 2023 changes to the Act made in relation to the better off overall test apply to the application.

1. An error was made in the Form F16 and Form F17A in that they describe the Agreement name as the ‘Australian Red Cross Lifeblood National Contact Centre Agreement 2023’ Clause 1.1 of the Agreement provides that the Agreement title is the ‘Australian Red Cross Lifeblood National Contact Centre Enterprise Agreement 2023’. Given the word ‘Enterprise’ has been omitted from the Agreement title in the Form F16 and Form F17A, the Applicant applied for a correction. Pursuant to s.586 of the Act, I allow the correction to the application so that it the Agreement title in the Form F16 and Form F17A is stated as ‘Australian Red Cross Lifeblood National Contact Centre Enterprise Agreement 2023’.

1. The response to question 18 of the Form F17A states that the notification time for the Agreement was 21 February 2022. The response to question 19 of the Form F17A states that the notice of employee representational rights was given to employees on 21 February 2023. The Applicant explained that an error had been made and that the correct notification time for the Agreement was 21 February 2023.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). In particular, the notice requirements relating to personal/carer’s leave as set out in clause 14.9 of the Agreement appear more stringent than the requirements in s.107 of the Act. However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Applicant has identified that there was a formatting error in the Agreement. This error has resulted in there being two clauses in the agreement numbered 20.17. This error impacts the numbering of the balance of clauses in clause 20, following clause 20.17. The Applicant submitted that this numbering error may lead to confusion and requested that the Commission vary the formatting of the Agreement in accordance with s.218A of the Act. A version of the Agreement was filed which includes the correct clause numbering in clause 20 of the Agreement. It is apparent that the issue identified by the Applicant is an obvious error and pursuant to s.218A of the Act I amend the clause numbering from clause 20.17 of the Agreement to change the number of the second clause numbered as 20.17 to 20.18 and to change the numbering of the clauses in clause 20 that follow to 20.19 and 20.20.

1. Clause 2.12 of the Agreement provides that the ABN for the employer is 50 169 561 394 003. This is an obvious error, and the Applicant sought a correction so that the employer’s ABN at clause 2.12 of the Agreement is stated as ‘50 169 561 394’. Pursuant to s.218A of the Act I make the amendment.

1. The Australian Municipal, Administrative, Clerical and Services Union and the CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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