Australian Red Cross Blood Service

[2013] FWCA 7317

FAIR WORK COMMISSION

DECISION

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

Australian Red Cross Blood Service
(AG2013/2848)

AUSTRALIAN RED CROSS BLOOD SERVICE SCIENTISTS ENTERPRISE AGREEMENT VICTORIA 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Australian Red Cross Blood Service Scientists Enterprise Agreement Victoria 2013.

[1] On 13 September 2013 an application was made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Scientists Enterprise Agreement Victoria 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Australian Red Cross Blood Service (Applicant). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] The Heath Services Union (HSU) has noted issues in respect of the Applicant’s Form 17 statutory declaration. The Applicant declared that the Agreement covered all employees of the Applicant. The HSU outlined that the Agreement only covers employees working as scientists in Victoria. Further the Applicant declared it was in the manufacturing industry. The HSU notes the industry of the Applicant is in fact health and welfare services. The Commission notes the HSU supports approval of the Agreement.

[5] The HSU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2013. The nominal expiry date of the Agreement is 13 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Red Cross Blood Service sought approval for its 2013 Enterprise Agreement with scientists in Victoria. The application was brought before the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provisions related to the classification and remuneration of the employees.

The court had to determine if the agreement adequately met the criteria for being a "low pay industry agreement" and if the terms of the agreement were fair and reasonable. This involved examining the process by which the agreement was made, ensuring it adhered to procedural fairness and the principles of good faith bargaining. The court also had to consider whether the agreement provided fair and reasonable terms for the employees, including provisions related to classification, pay rates, and other employment conditions.

The Fair Work Commission found that the agreement was appropriately classified as a low pay industry agreement and that it contained fair and reasonable terms. The process of bargaining and the content of the agreement were deemed to comply with the requirements of the Fair Work Act. The Commission approved the application, confirming the validity of the proposed agreement.

The Commission's decision was based on the evidence presented regarding the classification and remuneration of the employees, as well as the overall fairness of the agreement's terms. The approval ensures that the Australian Red Cross Blood Service can implement the agreement, providing certainty and stability for the employees and the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established