Australian Red Cross Blood Service Summary

[2016] FWCA 465

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Australian Red Cross Blood Service
(AG2015/7111)
AUSTRALIAN RED CROSS BLOOD SERVICE NURSING
ENTERPRISE AGREEMENT TASMANIA 2015
Tasmania
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2016

Application for approval of the Australian Red Cross Blood Service Nursing Enterprise

Agreement Tasmania 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Australian Red Cross Blood Service Nursing Agreement Tasmania 2015 (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.

[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.
[2016] FWCA 465

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

1 February 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Commissioner Lee presided over the approval of the Australian Red Cross Blood Service Nursing Enterprise Agreement Tasmania 2015. The applicant, the Australian Red Cross Blood Service, sought the Commission's approval of this enterprise agreement, which is a single enterprise agreement under the Fair Work Act 2009. The Australian Nursing and Midwifery Federation, acting as a bargaining representative for the agreement, notified the Commission of its desire for the agreement to cover its members. Commissioner Lee found that all relevant statutory requirements for approval had been met.

The legal issues before the Commission were whether the application for approval of the enterprise agreement met the necessary statutory requirements under sections 186, 187, and 188 of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement complied with the Act and whether it was in the best interests of the employees covered by the agreement. The Commissioner also needed to determine if the agreement was fairly negotiated and whether it contained all the necessary terms and conditions.

After reviewing the application and associated documentation, Commissioner Lee was satisfied that all statutory requirements for approval had been met. The Commissioner found that the agreement was fairly negotiated and contained all necessary terms and conditions. Furthermore, the agreement was in the best interests of the employees covered by it. Consequently, the Commissioner approved the enterprise agreement, which will operate from 1 February 2016 until 31 December 2019, as per section 54 of the Fair Work Act 2009.

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