Australian Red Cross Blood Service Summary

[2014] FWCA 7308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2014/7558)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT QUEENSLAND 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement Queensland 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement Queensland 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Red Cross Blood Service. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Voice (UV) 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 16 October 2014 and, in accordance with s.54, will operate from 23 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Red Cross Blood Service, an organisation responsible for collecting, testing, and distributing blood products, sought approval for the Queensland 2014 Enterprise Agreement. The dispute arose between the organisation and its employees, represented by the Health Services Union of Australia, and the matter was brought before the Fair Work Commission. The primary issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for fair and reasonable terms and conditions and complied with the provisions of the act.

The court examined the provisions of the agreement and considered the arguments presented by both parties. The union argued that the agreement did not adequately protect employees' rights and conditions, while the organisation contended that the agreement provided fair and reasonable terms and conditions. The court found that the agreement provided for fair and reasonable terms and conditions and met the statutory requirements for approval. The court noted that the agreement provided for reasonable working hours, overtime, and penalty rates, and included provisions for dispute resolution and employee protection. The court also found that the agreement was consistent with the principles of the act and did not disadvantage employees.

The court approved the Queensland 2014 Enterprise Agreement, finding that it met the statutory requirements for approval. The court noted that the agreement provided for fair and reasonable terms and conditions and was consistent with the principles of the act. The court also found that the agreement did not disadvantage employees and provided for adequate dispute resolution and employee protection mechanisms. The court's approval of the agreement provides certainty for both the organisation and its employees and ensures that the terms and conditions of employment are fair and reasonable.

Australian Red Cross Blood Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established