DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2015/289)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT VICTORIA 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 18 MARCH 2015

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement Victoria 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement Victoria 2014 (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 Health Services Union of Australia 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.

[4] The Agreement was approved in Chambers on 18 March 2015 and, in accordance with s.54 of the Act, will operate from 25 March 2015. The nominal expiry date of the Agreement is 30 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Red Cross Blood Service, sought approval of the Enterprise Agreement Victoria 2014 from the Fair Work Commission. The agreement, which had been negotiated between the applicant and its employees, required approval before it could be implemented. The application was opposed by the Australian Council of Trade Unions, who raised concerns about the agreement's terms and conditions.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for a safety net of minimum wages and conditions, and whether it had been genuinely bargained. The Commission also had to consider whether the agreement was in the best interests of the employees and the broader community.

The Fair Work Commission approved the agreement, finding that it met the legislative requirements and provided for a safety net of minimum wages and conditions. The Commission also found that the agreement had been genuinely bargained and was in the best interests of the employees and the broader community. The applicant's proposal for a two-tiered wages system was approved, with the condition that the lower wages only applied to new employees for a limited period. The Commission was satisfied that the agreement provided appropriate protections for employees and would not undermine the industrial relations system.

The Fair Work Commission approved the Australian Red Cross Blood Service Enterprise Agreement Victoria 2014. The applicant may now implement the agreement, subject to any conditions imposed by the Commission. The agreement provides for a safety net of minimum wages and conditions and has been genuinely bargained. The Commission was satisfied that the agreement was in the best interests of the employees and the broader community.

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