DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Blood Service
(AG2019/1097)

AUSTRALIAN RED CROSS BLOOD SERVICE WESTERN AUSTRALIAN MANUFACTURING AND SUPPORT SERVICE ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 15 AUGUST 2019

Application for approval of the Australian Red Cross Blood Service Western Australian Manufacturing and Support Service 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 Manufacturing and Support Service Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 Australian Municipal, Administrative, Clerical and Services Union (ASU) and Health Services Union of Australia (HSU) 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Australian Red Cross Society T/A Australian Red Cross Blood Service applied for approval of the Australian Red Cross Blood Service Western Australian Manufacturing and Support Service Enterprise Agreement 2018. The dispute centred around the approval of this enterprise agreement, which governs the terms and conditions of employment for manufacturing and support staff within the specified service area.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation. This involved assessing whether the agreement provided fair and reasonable terms, including minimum wage rates, leave entitlements, and other employment conditions, and whether it was properly negotiated and certified.

The court examined the agreement in detail, considering the bargaining process, the fairness of the terms, and the certification by the relevant industrial umpire. It was determined that the agreement was negotiated in good faith, certified appropriately, and provided terms that were fair and reasonable. The court found that the agreement met the statutory requirements and approved it accordingly.

The final order of the court was to approve the Australian Red Cross Blood Service Western Australian Manufacturing and Support Service Enterprise Agreement 2018, thereby formalising the terms and conditions of employment for the affected employees.

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