AUSTRALIAN RED CROSS LIFEBLOOD SOUTH WEST GENERAL ENTERPRISE AGREEMENT 2023

Application for variation of the Australian Red Cross Lifeblood South West General Enterprise Agreement 2023

[1] Australian Red Cross Society trading as Australian Red Cross Lifeblood (the Applicant) has applied pursuant to s. 218A of the Fair Work Act 2009 (Cth) (the Act) to vary the Australian Red Cross Lifeblood South West General Enterprise Agreement 2023 (the Agreement) 'to correct or amend an obvious error, defect or irregularity' in the Agreement.

[2] The Agreement was approved by the Commission on 1 May 2025 and commenced operation on 8 May 2025, with a nominal expiry date of 30 September 2026. The Applicant is the employer covered by the Agreement. The Health Services Union (HSU), the Community and Public Sector Union (CPSU), the Association of Professional Engineers, Scientists and Managers, (APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU), and the United Workers' Union (UWU) are employee organisations covered by the Agreement (the Respondents).

[3] A Form F1 was lodged with the application which sought to vary provisions of the Agreement pursuant to s.218A of the Act (the Form).

[4] The Form requested amendments to four clauses in the Agreement in the following terms:

1. Vary clauses 2.28 and 8.7 of the Australian Red Cross Lifeblood South West General Enterprise Agreement 2023 (Agreement) to amend the definition of a shiftworker to:

   1. remove the wording "regularly performs work"; and

   2. insert the wording "is regularly rostered to perform work". (Variation One)

2. Vary clause 3.2(iii) to:

   1. remove the reference to "on-call"; and

   2. insert "perform work as a manager of a team at the State level but report to a Director" in its place. (Variation Two)

3. Vary clause 10.3(i) to:

   1. insert the wording "week of the" so that the clause now states "Where practicable these four (4) days will be rostered as two (2) consecutive days off in each week of the fortnight". (Variation Three)

[5] On 18 December 2025, the Applicant formally amended their application by consent of the parties (to resile from Variation One) (Amended Application) and only sought to pursue Variations Two and Three. Variations Two and Three are repeated below for completeness:

1. remove the reference to "on-call"; and
2. insert "perform work as a manager of a team at the State level but report to a Director" in its place. (Variation Two)

1. insert the wording "week of the" so that the clause now states "Where practicable these four (4) days will be rostered as two (2) consecutive days off in each week of the fortnight". (Variation Three)

[6] The amendment to the application made on a consent basis was accepted.

[7] Section 218A provides for the variation of enterprise agreements to correct or amend an obvious error, defect or irregularity:

"(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1);

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement."

[8] The Employer had standing to make the application.

[9] As has been noted in recent decisions of the Commission,[1] s.218A of the Act is akin to the slip rule found in s.602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made. The Applicant submitted that Variations Two and Three were errors to be corrected.[2]

[10] Before an amendment under s.218A can be made, there first must be satisfaction of the existence of an obvious error, defect or irregularity (whether in substance or form). Upon the finding of such an error, defect or irregularity, the Commission can rely on s.218A to vary the enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity. The application identified the errors to be corrected.

[11] The Applicant submitted that the amendments sought were to give effect to the parties' intentions and to the terms agreed to during bargaining by ensuring consistency in the wording of the Agreement, and to avoid any confusion in the application of the provisions of the Agreement.

[12] On 24 November 2025, Directions were sent to the parties, seeking the views of the employee organisations on the application. The employee organisations responded on 1 December 2025. The HSU, with support of the other organisations, raised a concern with Variation One, noting a lack of consultation. Consent to Variation Two and Three was given by the employee organisations.

[13] A series of correspondence was exchanged (at the Commission's Direction) between the parties, in relation to Variation One that led to the Applicant amending their application to remove Variation One and only proceed, by consent, with Variations Two and Three (Amended Application). This Decision therefore only considers Variations Two and Three. As stated above, Variations Two and Three are made to the Agreement on a consent basis.

[14] I am satisfied that the errors in the Agreement outlined at paragraph 5 of this Decision are obvious errors. I am satisfied that the amendments in Variations Two and Three should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A(1) of the Act. In the present case, the errors are readily identified, as are the corrections needed to make the Agreement accurately reflect, what was clearly intended in the Agreement between the parties. The reasons set out in the submissions of the parties that form the consent basis, support the exercise of my discretion to correct the errors. The errors identified at paragraph 5 will be amended as per the Order [PR795310], which will operate from the date of today's decision, 22 December 2025.

[1] See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury then was).

[2] Applicant's Amended Application dated 18 December 2025.

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