DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Blood Service
(AG2019/1334)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT NORTHERN TERRITORY 2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2019

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement Northern Territory 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement Northern Territory 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] 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 Agreement lodged contained an obvious error in clause 25.10 in that it referred to ‘subclause 24.9’ rather than ‘subclause 25.9’. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

[5] The Australian Nursing and Midwifery Federation & Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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 the Enterprise Agreement Northern Territory 2018 from the Fair Work Commission. The application was made under the Fair Work Act 2009, with the respondent being the Australian Council of Trade Unions. The dispute centred around the terms and conditions of employment for the employees covered by the proposed agreement.

The legal issues before the court involved the examination of whether the agreement met the statutory requirements set out in the Fair Work Act 2009, including whether it provided for a direct and clear statement of the terms and conditions of employment, and whether it was free from any discriminatory provisions. The court also had to consider if the agreement had been fairly and genuinely negotiated and if it complied with the good faith bargaining obligations.

The Fair Work Commission, in its decision, found that the proposed agreement met all the necessary statutory requirements. It confirmed that the agreement provided a direct and clear statement of the terms and conditions of employment and was free from any discriminatory provisions. The Commission also found that the agreement had been fairly and genuinely negotiated and complied with the good faith bargaining obligations. Consequently, the application for approval was granted, and the Enterprise Agreement Northern Territory 2018 was approved.

As a result of the court's decision, the approved agreement will now apply to the employees covered by it, setting out the terms and conditions of their employment. The approval of the agreement ensures that both the employer and the employees have a clear understanding of their rights and obligations under the agreement, promoting a stable and productive working environment.

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