DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2015/242)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT NORTHERN TERRITORY 2015

Northern Territory
VICE PRESIDENT CATANZARITI	SYDNEY, 16 FEBRUARY 2015

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement Northern Territory 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement Northern Territory 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, NT and the Australian Municipal, Administrative, Clerical and Services Union-South Australian and Northern Territory Branch, 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 31 January 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Red Cross Blood Service sought approval of the Enterprise Agreement Northern Territory 2015 from the Fair Work Commission. The applicant argued that the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement. The application was contested by the union representing the employees, which argued that certain provisions of the agreement were unfair. The Fair Work Commission was required to determine whether the terms and conditions of the agreement were fair and reasonable, taking into account the various factors outlined in the Fair Work Act 2009.

The Fair Work Commission found that the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement. The Commission noted that the agreement provided for a pay increase of 2.5% per annum over three years, which was in line with the inflation rate and the increase in the cost of living. The Commission also found that the agreement provided for a range of other benefits, including provisions for flexible working arrangements, leave entitlements, and redundancy payments. The Commission rejected the union's arguments that certain provisions of the agreement were unfair, finding that they were necessary to ensure the financial sustainability of the organisation and to enable it to provide essential services to the community.

The Fair Work Commission approved the Enterprise Agreement Northern Territory 2015, subject to certain modifications to address the union's concerns. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the first day of the month following the registration. The applicant and the union were directed to take all necessary steps to give effect to the agreement. The Fair Work Commission's decision was based on its finding that the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement, and that it would promote harmonious, productive and equitable workplace relations.

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