DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Blood Service
(AG2018/3608)

AUSTRALIAN RED CROSS BLOOD SERVICE GENERAL ENTERPRISE AGREEMENT VICTORIA 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Australian Red Cross Blood Service General Enterprise Agreement Victoria 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service General Enterprise Agreement Victoria 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 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 Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Red Cross Society, trading as the Australian Red Cross Blood Service, applied to the Fair Work Commission for approval of the Australian Red Cross Blood Service General Enterprise Agreement Victoria 2017. The application was made under section 232 of the Fair Work Act 2009, seeking a determination that the agreement be approved as a registered agreement. The dispute centred around the terms of the agreement and its compliance with relevant industrial and legislative requirements.

The legal issues before the Commission involved ensuring that the proposed agreement met the criteria for registration as a modern award, including provisions for minimum wages and conditions, and the protection of employees' rights. The Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees covered by it. Additionally, the Commission examined whether the agreement adhered to the procedural fairness requirements and if it was in the best interests of the employees.

The Fair Work Commission approved the application and registered the agreement as a modern award. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and was in their best interests. The Commission also determined that the agreement adhered to the procedural fairness requirements and met the criteria for registration under the Fair Work Act 2009.

The Australian Red Cross Blood Service General Enterprise Agreement Victoria 2017 was approved and registered as a modern award by the Fair Work Commission. This determination ensures that the agreement provides fair and reasonable terms and conditions for the employees covered by it and meets the requirements of the Fair Work Act 2009.

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