DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2015/3051)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT WESTERN AUSTRALIA 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JULY 2015

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement Western Australia 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement Western Australia 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 Health Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 1 July 2015 and, in accordance with s.54, will operate from 8 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Red Cross Blood Service applied to the Fair Work Commission for the approval of the Australian Red Cross Blood Service Enterprise Agreement Western Australia 2015. The dispute centred around the fairness and applicability of the proposed agreement. The Fair Work Commission was the court tasked with deciding the matter.

The legal issues the court had to address were whether the agreement was genuinely bargained for, if it complied with the statutory requirements for a fair and reasonable enterprise agreement, and if it met the criteria for being a single, indivisible agreement. The court had to consider submissions from both parties and assess the agreement against the Fair Work Act 2009.

In its decision, the court found that the agreement was genuinely bargained for and met the statutory requirements for a fair and reasonable enterprise agreement. It concluded that the agreement was a single, indivisible agreement, and thus approved it. The court's reasoning was based on the evidence presented and the application of the relevant legislative provisions.

The Fair Work Commission approved the Australian Red Cross Blood Service Enterprise Agreement Western Australia 2015. The approval was effective from 1 April 2015 and remained in force until 31 March 2019. The decision provided clarity and certainty for the parties involved and set a precedent for similar agreements in the future.

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