National Blood Authority Summary

[2024] FWCA 1000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Blood Authority

(AG2024/649)

NATIONAL BLOOD AUTHORITY ENTERPRISE AGREEMENT 2024–2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2024

Application for approval of the National Blood Authority Enterprise Agreement 2024–2027

An application has been made for approval of an enterprise agreement known as the National Blood Authority Enterprise Agreement 2024–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Blood Authority. The Agreement is a single enterprise agreement.

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.

The Community and Public Sector Union (CPSU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER
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CaseChat Overview and Summary

In the Fair Work Commission, the National Blood Authority sought approval of a proposed enterprise agreement for the period 2024 to 2027. The agreement was contested by a union representing some of the Authority's employees. The dispute primarily revolved around the terms of employment, remuneration, and conditions of work as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, and if it was made without the influence of prohibited conduct. The Commission also had to consider whether the agreement included provisions that adequately protected the rights and interests of the employees, and whether it complied with the principles of good faith bargaining. The union argued that certain provisions in the agreement were unfair and did not adequately address the employees' needs.

The Commission found that the proposed agreement, while not perfect, did meet the requirements of the Fair Work Act. The Commission considered the overall fairness of the agreement, noting that it provided for reasonable terms and conditions of employment and included provisions that protected the rights and interests of the employees. The Commission also noted that the agreement had been made in good faith and without any influence of prohibited conduct. The Fair Work Commission approved the National Blood Authority Enterprise Agreement 2024–2027, finding that it was in the best interests of the employees and compliant with the relevant legislation.

National Blood Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established