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

Annexure A

CaseChat Overview and Summary

The applicant, Australian Red Cross Society trading as Australian Red Cross Lifeblood, sought approval for the Enterprise Agreement New South Wales, Australian Capital Territory and Northern Territory 2020 from the Fair Work Commission. The applicant argued that the agreement contained appropriate terms and conditions for its employees, and that approval would facilitate efficient operations and resolve industrial disputes. The dispute centred on whether the terms of the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The court had to decide whether the agreement contained the required provisions for employee entitlements, working conditions, and dispute resolution mechanisms. Additionally, the court needed to assess whether the agreement adequately balanced the interests of the employer and the employees. The court also considered whether the agreement complied with the Fair Work Act and any relevant industrial instruments. The applicant had to demonstrate that the agreement was made in good faith and that it did not discriminate against any class of employees.

In its decision, the Fair Work Commission determined that the applicant had provided sufficient evidence to support the approval of the agreement. The court found that the agreement contained appropriate terms for employee entitlements, working conditions, and dispute resolution mechanisms. The court also concluded that the agreement balanced the interests of the employer and the employees and complied with the Fair Work Act and relevant industrial instruments. The court was satisfied that the agreement was made in good faith and did not discriminate against any class of employees. Consequently, the Fair Work Commission approved the Australian Red Cross Lifeblood Enterprise Agreement New South Wales, Australian Capital Territory and Northern Territory 2020.

The Fair Work Commission's decision affirmed the approval of the agreement, allowing it to come into effect as per the terms outlined. This decision ensures that the Australian Red Cross Society can operate under the agreed terms and conditions, facilitating efficient management of its workforce in the specified territories.

Australian Red Cross Society T/A Australian Red Cross Lifeblood

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established