DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Blood Services
(AG2019/1061)

AUSTRALIAN RED CROSS BLOOD SERVICE NURSES ENTERPRISE AGREEMENT NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY 2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 29 AUGUST 2019

Application for approval of the Australian Red Cross Blood Service Nurses Enterprise Agreement New South Wales and Australian Capital Territory 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Nurses Enterprise Agreement New South Wales and Australian Capital 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 Services. 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. The undertakings are taken to be a term of 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 error at clause 34.10. On 26 August 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 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 Fair Work Commission, Australian Red Cross Society T/A Australian Red Cross Blood Services sought approval for the Australian Red Cross Blood Service Nurses Enterprise Agreement New South Wales and Australian Capital Territory 2018. The application was brought by the Society in accordance with the Fair Work Act 2009. The dispute centered on whether the agreement complied with the legal requirements for a modern award and whether it adequately protected the interests of the nurses involved.

The central legal issues before the Commission were whether the agreement provided for the protection of employees' pay and conditions, and if it met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement satisfied the requirements for a modern award, including provisions for minimum wages, penalty rates, and other conditions of employment. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission noted that the agreement contained provisions for wages and conditions that were largely consistent with those in the relevant modern award. The Commission also considered the evidence presented regarding the negotiation process and the level of consultation between the parties. The Commission found that the agreement provided adequate protection for the nurses' pay and conditions and met the criteria for approval. The Commission approved the application, highlighting the importance of maintaining fair and balanced agreements that protect the interests of both employers and employees.

The Commission's final order was to approve the Australian Red Cross Blood Service Nurses Enterprise Agreement New South Wales and Australian Capital Territory 2018, subject to the conditions outlined in the decision. The approval was contingent on the agreement being implemented in accordance with the Fair Work Act and the Fair Work Regulations. This decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and provide adequate protections for employees while also considering the needs of employers.

Australian Red Cross Society T/A Australian Red Cross Blood Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established