Australian Red Cross Blood Service Summary

[2014] FWCA 1314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2013/12248)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY 2013

Health and welfare services
VICE PRESIDENT WATSON	SYDNEY, 24 FEBRUARY 2014

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement New South Wales and Australian Capital Territory 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement New South Wales and Australian Capital Territory 2013. (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.

[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 Health Services Union NSW Branch, The Transport Workers Union of Australia and the Association of Professional Engineers, Scientists and Managers Australia has each given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 3 March 2014. The expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Red Cross Blood Service for the approval of the Enterprise Agreement New South Wales and Australian Capital Territory 2013. The dispute centred around the terms and conditions of employment for the employees of the Australian Red Cross Blood Service within New South Wales and the Australian Capital Territory. The applicant sought to have the Enterprise Agreement recognised and made legally binding for its employees in these jurisdictions.

The legal issues before the Commission included whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, particularly with respect to the procedural fairness in the agreement's development, and whether the agreement met the 'better off overall test'. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if the agreement was made without any improper influence or coercion. Additionally, the Commission had to ensure that the agreement did not have an adverse impact on the health and safety of employees.

The Fair Work Commission found that the Enterprise Agreement was procedurally sound and met the requirements of the Act. It was determined that the agreement was made without any improper influence or coercion and provided fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement satisfied the 'better off overall test', meaning that the employees would be no worse off and, in some cases, better off under the new agreement. The Commission approved the Enterprise Agreement, finding that it was fair and reasonable and did not pose any health and safety risks to the employees.

The Fair Work Commission approved the Enterprise Agreement New South Wales and Australian Capital Territory 2013, making it legally binding for the employees of the Australian Red Cross Blood Service in these jurisdictions. The approval was based on the determination that the agreement complied with the Fair Work Act 2009, met the 'better off overall test', and provided fair and reasonable terms and conditions of employment. The Commission's decision ensured that the agreement would now govern the employment relationship between the Australian Red Cross Blood Service and its employees in New South Wales and the Australian Capital Territory.

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