DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross T/A Australian Red Cross Blood Service
(AG2018/2686)

AUSTRALIAN RED CROSS BLOOD SERVICE ENTERPRISE AGREEMENT QUEENSLAND 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Australian Red Cross Blood Service Enterprise Agreement Queensland 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Red Cross Blood Service Enterprise Agreement Queensland 2017(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 T/A Australian Red Cross Blood Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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] The Australian Municipal, Administrative, Clerical and Services Union and Together Queensland Industrial Union (ASU), Transport Workers’ Union of Australia (TWU), Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and United Voice (UV) being a 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 6 November 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Red Cross, trading as the Australian Red Cross Blood Service, sought approval of the Queensland 2017 Enterprise Agreement. The application was opposed by the Health Services Union of Australia, which claimed that certain provisions in the agreement were not fair and reasonable. The dispute was heard and determined by the Commission, which needed to decide whether the provisions were in breach of the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement contained terms that were unfair within the meaning of section 235 of the Fair Work Act. The Health Services Union of Australia argued that certain provisions were unfair as they did not provide for adequate protections for employees. The Commission had to assess whether the provisions were fair and reasonable, taking into account the principles of good faith bargaining, and whether the agreement was in the interests of the employees and the employer.

The Commission found that the provisions were fair and reasonable, and did not breach the principles of good faith bargaining. The Commission considered that the provisions provided for appropriate protections for employees, and that the agreement was in the interests of both the employees and the employer. The Commission found that the provisions were not unfair within the meaning of the Fair Work Act, and that the application for approval should be granted. The Commission approved the Enterprise Agreement.

The Australian Red Cross Blood Service Enterprise Agreement Queensland 2017 was approved by the Fair Work Commission, and the decision was made on 13 February 2018. The Commission found that the provisions were fair and reasonable, and that the agreement was in the interests of both the employees and the employer. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by a fair and reasonable agreement.

Australian Red Cross T/A Australian Red Cross Blood Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established