The Australian Red Cross Society

[2022] FWCA 309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Red Cross Society

(AG2021/8315)

Australian Red Cross Lifeblood National Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 FEBRUARY 2022

Application for approval of the Australian Red Cross Lifeblood National Enterprise Agreement 2021

The Australian Red Cross Society (the Employer) has made an application for approval of an enterprise agreement known as the Australian Red Cross Lifeblood National Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

A number of concerns were raised by the Commission in relation to the Agreement. A conference was held in relation to those matters on 2 December 2021.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer and having heard from the parties, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union, the Health Services Union, the Community and Public Sector Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 2 February 2022 and, in accordance with s 54, will operate from 9 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Red Cross Society sought approval for the National Enterprise Agreement 2021 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees within the organisation, which were proposed to be altered under the new agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were no worse off financially than the existing arrangements, as required by the Act. Additionally, the Commission had to assess whether the agreement met the broader public interest, as mandated by the Act. The Commission also needed to consider the views of the relevant employee representatives and any other relevant stakeholders.

The Fair Work Commission found that the proposed agreement did not result in employees being worse off financially and met the broader public interest. The Commission noted that the agreement contained provisions that were beneficial to employees, such as the introduction of a mental health and wellbeing support program, as well as provisions that aimed to improve work-life balance. The Commission also considered the views of the relevant employee representatives, who supported the agreement, and found that these views were adequately considered in the making of the agreement. The Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission approved the National Enterprise Agreement 2021, subject to certain conditions and modifications. The agreement now sets the terms and conditions of employment for employees of the Australian Red Cross Society, and will remain in effect until a new agreement is made or until it is terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established