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
(AG2016/6793)

AUSTRALIAN RED CROSS BLOOD SERVICE SCIENTISTS ENTERPRISE AGREEMENT VICTORIA 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the Australian Red Cross Blood Service Scientists Enterprise Agreement Victoria 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Scientists Enterprise Agreement Victoria 2016 (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] 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Australian Red Cross Blood Service, a division of the Australian Red Cross Society, trading as the Australian Red Cross Blood Service, applied for the approval of the Australian Red Cross Blood Service Scientists Enterprise Agreement Victoria 2016. The dispute arose between the employer and the employees, who are represented by the Australian Medical Association (Victorian Branch) (the union). The union contended that the proposed agreement did not adequately address certain issues, including pay equity, redundancy provisions, and the classification of roles.

The key legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement did not provide for terms and conditions that were less favourable than the applicable modern awards, and that it was not contrary to the public interest. The Commission also had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission examined the terms of the proposed agreement in detail, considering the arguments presented by both parties. It found that while the agreement contained provisions that were less favourable than the applicable modern awards, these were justified on the basis of the unique nature of the work performed by the scientists and the need for flexibility in their roles. The Commission also determined that the agreement did not unfairly disadvantage the employees and was not contrary to the public interest. Consequently, the Commission approved the agreement, subject to certain conditions that aimed to address the union's concerns about pay equity and role classification.

The Fair Work Commission approved the Australian Red Cross Blood Service Scientists Enterprise Agreement Victoria 2016, with the conditions that the employer must review and adjust the pay rates of affected employees to ensure they are in line with the applicable modern awards, and that the classification of roles must be regularly reviewed to ensure they accurately reflect the duties performed. The Commission's decision balanced the interests of both the employer and the employees, while ensuring compliance with the statutory requirements for enterprise agreements.

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