National Blood Authority

[2016] FWCA 172

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Blood Authority

(AG2016/2035)

NATIONAL BLOOD AUTHORITY ENTERPRISE AGREEMENT 2015 -

2018

Australian Capital Territory

COMMISSIONER LEE

MELBOURNE, 12 JANUARY 2016

Application for approval of the National Blood Authority Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

National Blood Authority Enterprise Agreement 2015 - 2018 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by the National Blood Authority. The Agreement is a single enterprise agreement.

[2] 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 Community and Public Sector Union, being a bargaining representative for the

Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In

accordance with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 172

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

19 January 2016. The nominal expiry date of the Agreement is 18 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Blood Authority Enterprise Agreement 2015-2018 was the subject of an application for approval by the National Blood Authority under section 185 of the Fair Work Act 2009. The agreement was a single enterprise agreement covering employees of the National Blood Authority and was proposed for approval by Commissioner Lee of the Fair Work Commission. The Community and Public Sector Union, as a bargaining representative, had indicated its desire for the agreement to cover its members.

The legal issues before the court were whether the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was properly negotiated and if it contained the necessary provisions to be considered a "good faith" agreement. The court also had to consider if the agreement complied with the Act's provisions regarding the rights and obligations of employers and employees.

The court found that the agreement met all the relevant requirements of the Act. The Community and Public Sector Union had provided notice under section 183 of the Act that it wanted the agreement to cover its members, and the agreement was found to cover the organisation as per section 201(2) of the Act. The court was satisfied that the agreement was negotiated in good faith and contained the necessary provisions to be considered a "good faith" agreement. The agreement was approved and would operate from 19 January 2016, with a nominal expiry date of 18 January 2019.

The court approved the National Blood Authority Enterprise Agreement 2015-2018 and ordered that it would operate from 19 January 2016. The agreement was found to meet all the necessary requirements under the Fair Work Act 2009 and was negotiated in good faith. The nominal expiry date of the agreement was set as 18 January 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established