DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service
(AG2018/1503)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement New South Wales and Australian Capital Territory 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement New South Wales and Australian Capital Territory 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. The Agreement is a single enterprise agreement.

[2] The Employer 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 Transport Workers’ Union of Australia, Health Services Union of Australia, and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants 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 17 August 2018. 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

In the Fair Work Commission, the Australian Red Cross Blood Service sought approval for the Enterprise Agreement New South Wales and Australian Capital Territory 2017. The application was opposed by the Health Services Union of Australia and the Health Professionals and Support Services Association. The crux of the dispute centred on the proposed terms and conditions of employment under the agreement, particularly in relation to pay rates, classification of roles, and other employment conditions.

The legal issues that the Commission was required to address included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum rates of pay, classification of employees, and other conditions of employment that complied with the Act. The Commission also had to consider whether the agreement facilitated, promoted, or improved the productivity, efficiency, and profitability of the Australian Red Cross Blood Service, as well as the fairness and reasonableness of the terms and conditions set out in the agreement.

In delivering its decision, the Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for minimum rates of pay and classification of employees that were consistent with industry standards, and that the terms and conditions of employment were fair and reasonable. The Commission also found that the agreement facilitated, promoted, or improved the productivity, efficiency, and profitability of the Australian Red Cross Blood Service. Consequently, the Commission approved the application for the Enterprise Agreement New South Wales and Australian Capital Territory 2017.

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