DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Blood Service
(AG2019/1099)

AUSTRALIAN RED CROSS BLOOD SERVICE WESTERN AUSTRALIAN DONOR CENTRE AND NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2019

Application for approval of the Australian Red Cross Blood Service Western Australian Donor Centre and Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Western Australian Donor Centre and Nurses Enterprise Agreement 2018 (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 Society T/A Australian Red Cross Blood Service. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union and United Voice being bargaining representatives for the Agreement, have given their 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 20 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian Red Cross Society trading as the Australian Red Cross Blood Service, sought approval of an enterprise agreement concerning its Western Australian Donor Centre and Nurses Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, where the decision was made by Deputy President K M Connolly. The applicant argued that the agreement should be approved as it was necessary to maintain operational efficiency and provide fair terms for its employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees and the organisation. This required a consideration of whether the agreement met the prerequisites under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith. Additionally, the Commission needed to assess whether the agreement complied with any relevant awards or instruments that might apply.

The Commission found that the proposed agreement contained provisions that were fair and reasonable, considering the specific needs and circumstances of the Western Australian Donor Centre and its employees. The agreement provided for appropriate wage increases, job classifications, and other terms that were deemed to be in the best interests of both the employees and the organisation. The Commission also determined that the agreement was made in good faith and complied with the requirements of the Fair Work Act 2009. Consequently, the application for approval was successful.

The Fair Work Commission approved the Australian Red Cross Blood Service Western Australian Donor Centre and Nurses Enterprise Agreement 2018, finding it to be in the best interests of the employees and the organisation. The decision was made on the basis that the agreement met the necessary legal requirements and provided fair and reasonable terms and conditions for the employees involved.

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