Australian Red Cross Blood Service Summary

[2014] FWCA 2361

FAIR WORK COMMISSION

DECISION

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

Australian Red Cross Blood Service
(AG2014/673)

AUSTRALIAN RED CROSS BLOOD SERVICE QUEENSLAND NURSING ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 11 APRIL 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses’ Union of Employees, being a bargaining representative for the Agreement, has 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 this organisation.

[4] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Red Cross Blood Service applied to the Fair Work Commission for approval of the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 2014. The application for approval was opposed by the Australian Nursing and Midwifery Federation Queensland Branch. The dispute concerned the terms and conditions of employment for nurses employed by the Blood Service in Queensland.

The primary issue for the Fair Work Commission was whether the proposed enterprise agreement was in the public interest. The Commission considered whether the agreement would have an adverse effect on the efficient operation of the Blood Service, whether the agreement was consistent with the public interest, and whether the agreement was compatible with the relevant legislative framework. The Commission also considered whether the agreement was fair and reasonable, and whether it provided for appropriate mechanisms for resolving disputes.

The Fair Work Commission determined that the proposed enterprise agreement was in the public interest and approved it. The Commission found that the agreement was consistent with the public interest and did not have an adverse effect on the efficient operation of the Blood Service. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and was fair and reasonable. The Commission noted that the agreement provided for a range of protections for nurses, including provisions for flexible working arrangements, leave entitlements, and professional development opportunities.

The Fair Work Commission approved the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 2014. The Commission's decision was based on its finding that the agreement was in the public interest and did not have an adverse effect on the efficient operation of the Blood Service. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and was fair and reasonable. The agreement is now a legally binding contract between the Blood Service and the nurses it employs in Queensland.

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