Australian Red Cross Society T/A Australian Red Cross Lifeblood

[2020] FWCA 6602

[2020] FWCA 6602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Lifeblood
(AG2020/3358)

AUSTRALIAN RED CROSS LIFEBLOOD SCIENTISTS ENTERPRISE AGREEMENT VICTORIA 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 8 DECEMBER 2020

Application for approval of the Australian Red Cross Lifeblood Scientists Enterprise Agreement Victoria 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Lifeblood Scientists Enterprise Agreement Victoria 2020 (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 19 November 2020.

[3] On 26 November 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 7 December 2020. The undertaking deals with the following topics:

•  In relation to clause 16.5, a part time employee is entitled to overtime rates when work is performed in excess of full-time rostered shift lengths for that work area, or when the part time employee works additional hours, not agreed to in writing by the employee.

•  In relation to clause 12.8, the ordinary hours of work for a day worker are from 6.00am to 6.00pm Monday to Friday. Employees rostered to work outside ordinary hours are deemed as shift workers and will be paid accordingly.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] 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.

[7] The Health Services Union, 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.

[8] 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.

[9] 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 September 2023.

COMMISSIONER

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