Australian Red Cross Blood Service

[2014] FWCA 7161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2014/7165)

AUSTRALIAN RED CROSS BLOOD SERVICE TASMANIA ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 9 OCTOBER 2014

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

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

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Red Cross Blood Service, sought approval for the Enterprise Agreement 2014, which was intended to govern the employment conditions of its employees in Tasmania. The dispute arose due to the need for formal ratification of the agreement, which would establish the terms of employment between the parties. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and equitable terms and conditions, and whether it complied with the procedural requirements for negotiation and approval. The Commission needed to determine if the agreement was in the best interests of the employees and if it met the statutory requirements for approval.

The Commission found that the agreement was fair and equitable, providing for reasonable terms and conditions of employment. It concluded that the agreement had been negotiated in good faith and that the process for approval was compliant with the necessary legislative requirements. The Commission approved the agreement, noting that it was in the best interests of the employees and met all the statutory criteria for approval. The approval of the agreement was a necessary step to formalise the employment conditions of the employees under the new terms.

The Fair Work Commission approved the Enterprise Agreement 2014, allowing it to take effect as a binding agreement between the Australian Red Cross Blood Service and its employees in Tasmania. This decision provided clarity and certainty for both the employer and the employees regarding their respective rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established