Australian Red Cross Blood Service

[2013] FWCA 6038

FAIR WORK COMMISSION

DECISION

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

Australian Red Cross Blood Service
(AG2013/2339)

AUSTRALIAN RED CROSS BLOOD SERVICE NURSING ENTERPRISE AGREEMENT SOUTH AUSTRALIA 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 22 AUGUST 2013

Application for approval of the Australian Red Cross Blood Service Nursing Enterprise Agreement South Australia 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Nursing Enterprise Agreement South Australia 2013 (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] The Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers the organisation.

[3] The parties provided with the application, an undertaking related to the Qualification Allowance clarifying the parties’ intentions which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Red Cross Blood Service, a healthcare entity, and its nurses represented by the Health Services Union of Australia. The dispute centred on the approval of the Nursing Enterprise Agreement for South Australia 2013, which governed the terms and conditions of employment for the nurses. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provided for proper minimum rates of pay, adequate allowances, and other conditions of employment that complied with the safety net provided by the National Employment Standards and other relevant award provisions. The Commission also needed to assess whether the agreement had been genuinely negotiated and whether it contained appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission acknowledged the efforts of both parties to reach a negotiated agreement. However, it identified several areas of concern, primarily focusing on the provisions related to pay rates and allowances. The Commission determined that while the agreement contained appropriate safety net provisions, some of the specific pay rates and allowances did not adequately reflect the minimum standards required under the Fair Work Act. Consequently, the Commission exercised its powers to vary the agreement to ensure compliance with the safety net provisions. The decision also addressed the dispute resolution mechanisms, finding them to be adequate for the purposes of the agreement.

The final orders of the Fair Work Commission included the approval of the Nursing Enterprise Agreement, subject to the variations made to the pay rates and allowances to align with the safety net standards. The Commission emphasised the importance of continued dialogue and negotiation between the parties to ensure that future agreements meet all legal requirements and adequately reflect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established