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
(AG2017/4090)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT SOUTH AUSTRALIA 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement South Australia 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement South Australia 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, 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 Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, CPSU, the Community and Public Sector Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Red Cross Blood Service, a division of the Australian Red Cross Society, sought approval of the Enterprise Agreement for employees in South Australia, referred to as the Australian Red Cross Blood Service Enterprise Agreement South Australia 2017. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on several aspects of the proposed agreement, including the terms of employment, wages, and other conditions for the employees covered by the agreement.

The legal issues before the Commission involved ensuring that the agreement did not adversely affect the safety and health of employees, was fair, and did not undermine the protection provided by the National Industrial Relations System. The Commission also needed to assess whether the agreement provided for the proper functioning of the workplace and was consistent with the principles of the national system of industrial relations.

The Fair Work Commission carefully reviewed the proposed agreement and considered the evidence and submissions from both the employer and the employees' representatives. The Commission found that the agreement contained provisions that were fair and reasonable, and did not adversely affect the safety and health of employees. The Commission also determined that the agreement provided for the proper functioning of the workplace and was consistent with the principles of the national system of industrial relations. Therefore, the Commission approved the Australian Red Cross Blood Service Enterprise Agreement South Australia 2017.

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

Reasons for decision

Legal Principle Established