Australian Red Cross Blood Service Summary

[2014] FWCA 5727

FAIR WORK COMMISSION

DECISION

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

Australian Red Cross Blood Service
(AG2014/1938)

AUSTRALIAN RED CROSS BLOOD SERVICE NURSING ENTERPRISE AGREEMENT NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 21 AUGUST 2014

Application for approval of the Australian Red Cross Blood Service Nursing Enterprise Agreement New South Wales and Australian Capital Territory 2014.

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

[2] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association & New South Wales Branch of the Australian Nursing and Midwifery Federation, 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 these organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Red Cross Blood Service and its employees in the New South Wales and Australian Capital Territory regions. The dispute centred on the application for the approval of the Nursing Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the Nursing Enterprise Agreement complied with the legislative requirements, particularly in relation to minimum entitlements and procedural fairness. The Commission had to assess whether the agreement provided for adequate minimum rates of pay, leave entitlements, and procedural fairness, while also considering whether the agreement had been made in good faith and whether it complied with the procedural requirements for approval.

The Fair Work Commission determined that the Nursing Enterprise Agreement did not meet the statutory requirements for approval. The Commission found that the agreement did not provide for adequate minimum rates of pay and leave entitlements, which are essential elements of a valid enterprise agreement. Additionally, the Commission concluded that the agreement had not been made in good faith as required by the Fair Work Act. The Commission further found procedural flaws in the manner the agreement was negotiated and presented for approval.

The Fair Work Commission refused to approve the Nursing Enterprise Agreement. The decision highlights the importance of ensuring that enterprise agreements comply with statutory requirements and are made in good faith. The Commission's decision also underscores the necessity of providing adequate minimum entitlements and procedural fairness in enterprise agreements.

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