DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Lifeblood
(AG2020/2825)

AUSTRALIAN RED CROSS LIFEBLOOD ENTERPRISE AGREEMENT QUEENSLAND 2020

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 21 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Lifeblood Enterprise Agreement Queensland 2020 (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 Lifeblood (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union, United Workers’ Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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 28 October 2020. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Red Cross Society T/A Australian Red Cross Lifeblood applied for the approval of the Australian Red Cross Lifeblood Enterprise Agreement Queensland 2020. The dispute involved the terms and conditions of employment for employees within the organisation, with the application seeking to formalise the agreement in accordance with the Fair Work Act 2009. The legal issues before the court encompassed the procedural correctness of the application and the compliance of the agreement with the legislative requirements for enterprise agreements.

The court assessed whether the application met the procedural prerequisites, including the provision of necessary documentation and the adherence to timelines. Furthermore, the court examined the content of the agreement to determine if it complied with the substantive provisions of the Fair Work Act, particularly concerning the avoidance of terms that may undermine the protection of employees' rights and entitlements. The court also considered whether the agreement appropriately addressed the balance of interests between the employer and employees, ensuring it did not unfairly disadvantage any party.

Upon review, the court found that the application was procedurally sound and that the agreement substantially complied with the statutory requirements. The court determined that the agreement was fair and balanced, providing adequate protections for employees while allowing for the operational needs of the employer. The court's reasoning highlighted the importance of maintaining a harmonious workplace while respecting the rights of employees as enshrined in the Fair Work Act.

The Fair Work Commission approved the Australian Red Cross Lifeblood Enterprise Agreement Queensland 2020, effective from the date of the decision. This approval formalises the terms and conditions of employment for the specified period, ensuring legal certainty for both the employer and the employees involved.

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