DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2016/1813)

AUSTRALIAN RED CROSS BLOOD SERVICE NURSING ENTERPRISE AGREEMENT SOUTH AUSTRALIA 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Australian Red Cross Blood Service Nursing Enterprise Agreement South Australia 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Red Cross Blood Service. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Red Cross Blood Service sought approval of the Nursing Enterprise Agreement South Australia 2016 in the Fair Work Commission. The application was made pursuant to section 234 of the Fair Work Act 2009, seeking the agreement be made applicable to nurses employed by the service. The applicants argued the agreement was appropriate for the nursing workforce and met the requirements of the Act. The principal issue before the Commission was whether the agreement was appropriate for the nursing workforce and complied with the statutory provisions. Specifically, the Commission needed to determine if the agreement provided for a fair and equitable outcome for both parties, and if it met the requirements of section 230 of the Fair Work Act.

The Commission found that the agreement was appropriate and met the statutory requirements. The applicants demonstrated that the agreement was the product of genuine collective bargaining and reflected the needs and circumstances of the nursing workforce. The Commission was satisfied that the agreement provided for a fair and equitable outcome for both parties, and that it complied with the provisions of the Fair Work Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and other employment-related matters. The Commission also found that the agreement met the requirements of section 230 of the Act, which provides that an enterprise agreement must provide for the resolution of disputes between the parties.

Following its determination, the Commission approved the Australian Red Cross Blood Service Nursing Enterprise Agreement South Australia 2016, which will now apply to nurses employed by the service. The agreement provides for the terms and conditions of employment for the nursing workforce, including pay rates, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the nursing workforce will have a fair and equitable agreement that meets their needs and circumstances. The decision of the Commission is a significant outcome for both the Australian Red Cross Blood Service and the nursing workforce, providing certainty and stability in the employment relationship.

Australian Red Cross Blood Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established