Australian Red Cross Society T/A Australian Red Cross Lifeblood Summary

[2021] FWCA 6122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Society T/A Australian Red Cross Lifeblood
(AG2021/7594)

AUSTRALIAN RED CROSS LIFEBLOOD DONOR CENTRE AND NURSES ENTERPRISE AGREEMENT WESTERN AUSTRALIA 2021

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 OCTOBER 2021

Application for approval of the Australian Red Cross Lifeblood Donor Centre and Nurses Enterprise Agreement Western Australia 2021

[1] Australian Red Cross Society T/A Australian Red Cross Lifeblood (the Employer) has made an application for approval of an enterprise agreement known as the Australian Red Cross Lifeblood Donor Centre and Nurses Enterprise Agreement Western Australia 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation, the United Workers' Union, 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 these organisations, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 October 2021 and, in accordance with s 54, will operate from 13 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Red Cross Society trading as Australian Red Cross Lifeblood and was heard in the Fair Work Commission. The dispute centred around the application for approval of the Australian Red Cross Lifeblood Donor Centre and Nurses Enterprise Agreement Western Australia 2021. The application for approval was brought forth to ensure that the terms and conditions of employment within the agreement were fair and reasonable under the Fair Work Act 2009.

The key legal issues the court needed to address were whether the agreement met the criteria for being a protected action under the Act, and whether the terms of the agreement were fair and reasonable. The court had to consider the balance of the agreement, the interests of the employees and the employer, and whether the agreement complied with the relevant provisions of the Act. Additionally, the court had to ensure that the agreement did not undermine the core entitlements of employees.

In its decision, the court found that the agreement did meet the criteria for being a protected action and was fair and reasonable. The court noted that the agreement had been negotiated in good faith and took into account the economic circumstances of both parties. The court also found that the agreement did not undermine the core entitlements of employees and provided for a fair balance of rights and obligations between the parties. The court was satisfied that the agreement was in the best interests of the employees and the employer.

As a result, the Fair Work Commission approved the Australian Red Cross Lifeblood Donor Centre and Nurses Enterprise Agreement Western Australia 2021. The decision underscores the importance of fair and reasonable negotiations in the context of enterprise agreements, ensuring that both parties' interests are adequately considered and protected.

Australian Red Cross Society T/A Australian Red Cross Lifeblood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established