DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2015/261)

AUSTRALIAN RED CROSS BLOOD SERVICE NURSES ENTERPRISE AGREEMENT WESTERN AUSTRALIA 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 5 MARCH 2015

Application for approval of the Australian Red Cross Blood Service Nurses 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 Nurses 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] 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 & Midwifery Federation WA Branch and United Voice 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Red Cross Blood Service, sought approval of the Nurses Enterprise Agreement Western Australia 2015, which was proposed to replace the existing agreement between the parties. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, and whether the process for developing and agreeing to the proposed agreement was fair. The Commission found that the proposed agreement was compliant with the requirements of the Act and that the process was fair. The Commission took into account the need for the agreement to provide for a fair and efficient workplace, and for the protection of the rights and interests of both employers and employees. The Commission also noted that the agreement provided for a number of protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution processes. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement to ensure that it provided for a fair and efficient workplace, and for the protection of the rights and interests of both employers and employees. The Commission also made orders to ensure that the agreement was properly registered and published. The Australian Red Cross Blood Service was successful in its application for approval of the proposed agreement, subject to the modifications made by the Commission. The Commission's decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act, and the importance of ensuring that agreements provide for a fair and efficient workplace, and for the protection of the rights and interests of both employers and 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