Australian Red Cross Blood Service

[2014] FWCA 6209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Red Cross Blood Service
(AG2014/7281)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT SOUTH AUSTRALIA 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 8 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement South Australia 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by 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 of the Act as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Australian Red Cross Blood Service, applied for the approval of the Enterprise Agreement South Australia 2014. The agreement was to be made between the applicant and its employees who are covered by the South Australian Branch of the Australian Medical Association (First Respondent) and the Health Professionals and Officers Association (Second Respondent). The agreement sought to regulate employment conditions of the employees, including wages, leave, and other employment-related matters. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions on minimum wages, penalty rates, and other employment standards.

The Commission considered the provisions of the agreement and whether they met the legal requirements set out in the Fair Work Act 2009. The Commission found that the agreement complied with the provisions of the Act and met the criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, penalty rates, and other employment standards. The Commission also found that the agreement had been negotiated in good faith and that it was in the best interests of the employees.

As a result, the Commission approved the Enterprise Agreement South Australia 2014. The approval was subject to certain conditions, including the requirement that the applicant provide written notice to the employees of the approval and the terms of the agreement. The Commission also made orders for the registration of the agreement with the Fair Work Commission. The approval of the agreement is an important step in regulating the employment conditions of the employees of the Australian Red Cross Blood Service in South Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established