Australian Red Cross Society T/A Australian Red Cross Lifeblood

[2020] FWCA 5214

[2020] FWCA 5214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Lifeblood
(AG2020/2568)

AUSTRALIAN RED CROSS LIFEBLOOD ENTERPRISE AGREEMENT NEW SOUTH WALES, AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY 2020

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 SEPTEMBER 2020

Application for approval of the Australian Red Cross Lifeblood Enterprise Agreement New South Wales, Australian Capital Territory and Northern Territory 2020.

[1] Australian Red Cross Society (the Employer) has made an application for approval of an enterprise agreement known as the Australian Red Cross Lifeblood Enterprise Agreement New South Wales, Australian Capital Territory and Northern Territory 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] I observe that clause 36.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Association of Professional Engineers, Scientists and Managers, Australia, the Health Services Union of Australia, and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 September 2020 and, in accordance with s 54, will operate from 5 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509128  PR723172>

Annexure A