| [2025] FWCA 2070 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Red Cross Society Trading AS Australian Red Cross Lifeblood
(AG2025/1697)
LIFEBLOOD NATIONAL TEAMS ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| COMMISSIONER CONNOLLY | MELBOURNE, 25 JUNE 2025 |
Application for approval of the Lifeblood National Teams Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Lifeblood National Teams Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Red Cross Society Trading AS Australian Red Cross Lifeblood (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 6 June 2025.
On 13 June 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking. The Applicant addressed these issues through submissions on 18 June 2025.
I note that should rosters and/or working patterns change with respect to the compounding loading for casuals issue, the parties may make an application to the Commission for reconsideration of the BOOT pursuant to s.227A of the Act.
The Health Services Union, CPSU, the Community and Public Sector 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 want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
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 2027.
COMMISSIONER
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- AGLC
- Australian Red Cross Society Trading AS Australian Red Cross Lifeblood [2025] FWCA 2070
- Case
- [2025] FWCA 2070
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of this case revolved around whether the proposed agreement was genuinely a bargain between the employer and the employees, as required by section 230 of the Fair Work Act 2009. The Commission had to determine if the agreement provided for fair and reasonable terms that were not unduly harsh, unreasonable or discriminatory. Additionally, the Commission examined whether the agreement had been fairly and genuinely negotiated, and whether it contained appropriate dispute resolution mechanisms.
The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. It was determined that the agreement was genuinely negotiated and contained fair and reasonable terms, as well as appropriate dispute resolution processes. The Commission concluded that the agreement was in the best interests of the employees, and approved it under section 231 of the Fair Work Act 2009.
The Fair Work Commission approved the Lifeblood National Teams Enterprise Agreement 2024, ensuring that the employees of the Australian Red Cross Society Trading as Australian Red Cross Lifeblood would be governed by the terms and conditions set out in the agreement. This decision highlights the importance of ensuring that enterprise agreements are genuinely negotiated and provide fair and reasonable terms for all parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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