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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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Red Cross Society, trading as Australian Red Cross Lifeblood, applied for approval of the Australian Red Cross Lifeblood Scientists Enterprise Agreement Victoria 2020. The application was made pursuant to section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for scientists within the organisation, specifically those employed in Victoria.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly sections 231 and 232, and whether it met the criteria for being a "better off overall test" for the employees. The Commission had to determine if the agreement was in the interests of the employees and if it provided appropriate protections and benefits.

The Commission found that the agreement did indeed meet the statutory requirements and was beneficial to the employees. It concluded that the agreement provided a fair and reasonable set of terms and conditions, and that the employees were better off overall under the new agreement. The Commission approved the application, noting the positive impact on the employees’ working conditions and the reasonable nature of the proposed changes.

The Commission’s decision was based on a comprehensive assessment of the agreement's provisions, the submissions from both parties, and the evidence presented. The approval of the agreement was a formal recognition of its fairness and compliance with the relevant legislation.

Australian Red Cross Society T/A Australian Red Cross Lifeblood

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established