DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2016/554)

AUSTRALIAN RED CROSS BLOOD SERVICE VICTORIAN MEDICAL OFFICERS AND SPECIALISTS ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 5 MAY 2016

Application for approval of the Australian Red Cross Blood Service Victorian Medical Officers and Specialists Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Red Cross Blood Service Victorian Medical Officers and Specialists Enterprise Agreement 2015 (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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2016. The nominal expiry date of the Agreement is 30 September 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Red Cross Blood Service sought approval for the Victorian Medical Officers and Specialists Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for the medical officers and specialists employed by the service in Victoria. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive fairness obligations under the Act. Specifically, the Commission needed to consider if the agreement was made in good faith and if it contained the "independent determination" of the parties' terms and conditions of employment. Additionally, the Commission had to assess if the agreement provided for a "genuine agreement" between the employer and the employees, and if it satisfied the "better off overall test" to ensure that the employees were not worse off under the new agreement.

The Commission found that the agreement was made in good faith and contained the independent determination of the terms and conditions of employment. It was established that the agreement provided for a genuine agreement between the employer and the employees, as it was negotiated in an arm's length manner and provided for fair and reasonable terms. The Commission also determined that the agreement satisfied the better off overall test, as the employees were not worse off under the new agreement. Consequently, the Commission approved the Victorian Medical Officers and Specialists Enterprise Agreement 2015.

In summary, the Fair Work Commission approved the enterprise agreement between the Australian Red Cross Blood Service and its Victorian medical officers and specialists. The Commission found that the agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees.

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