DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service
(AG2017/4609)

AUSTRALIAN RED CROSS BLOOD SERVICE GENERAL ENTERPRISE AGREEMENT TASMANIA 2017

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 APRIL 2018

Application for approval of the Australian Red Cross Blood Service General Enterprise Agreement Tasmania 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service General Enterprise Agreement Tasmania 2017 (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 (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 5 April 2018 and, in accordance with s.54, will operate from 12 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Red Cross Blood Service, sought approval of the Australian Red Cross Blood Service General Enterprise Agreement Tasmania 2017. The applicant argued the agreement was fit for purpose and complied with relevant legislative provisions. The dispute was heard in the Fair Work Commission, the relevant tribunal with jurisdiction over enterprise agreements in Australia.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The applicant argued that the agreement complied with the Act and was fair and reasonable. The Commission considered whether the agreement provided for minimum terms and conditions of employment, was free from coercion and undue influence, and did not discriminate. The Commission also examined whether the agreement provided for a proper process for resolving disputes.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The Commission considered that the agreement provided for minimum terms and conditions of employment, was free from coercion and undue influence, and did not discriminate. The Commission also found that the agreement provided for a proper process for resolving disputes. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Australian Red Cross Blood Service General Enterprise Agreement Tasmania 2017. The Commission made orders that the agreement be certified as a registered agreement and that it would have effect from the date of the Commission's decision. The applicant was granted the relief it sought.

Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established