Australian Red Cross Society T/A Australian Red Cross Lifeblood

[2020] FWCA 6789

[2020] FWCA 6789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Lifeblood
(AG2020/3476)

AUSTRALIAN RED CROSS LIFEBLOOD SOUTH AUSTRALIAN DONOR CENTRE AND NURSES ENTERPRISE AGREEMENT 2019

Health and Welfare Services
COMMISSIONER PLATT	ADELAIDE, 16 DECEMBER 2020

Application for approval of the Australian Red Cross Lifeblood South Australian Donor Centre and Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Lifeblood South Australian Donor Centre and Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Red Cross Society T/A Australian Red Cross Lifeblood (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 November 2020.

[3] On 4 December 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 December 2020. The undertaking deals with the following topics:

•  The entitlements in clauses 23.7 to 23.9 will apply on a pro-rata basis for any employees who meets the eligibility criteria but has not yet been engaged for a consecutive twelve month period.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The Australian Nursing and Midwifery Federation (ANMF) provided a submission dated 15 December 2020 asserting that clause 11 of the Agreement is less beneficial than clause 10.3 of the Nurses Award 2010 (the Award) on the basis that the Agreement provides less certainty to part-time employees regarding their hours despite this the ANMF did not consider that the Agreement fails the better off overall test (BOOT).

[6] I have reviewed the part-time provisions of the Agreement versus the Award and agree that whilst the provisions are not consistent, the Agreement appears to meet the BOOT.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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