The Association of Professional Engineers, Scientists and Managers, Australia v Australian Red Cross Blood Service

The Association of Professional Engineers, Scientists and Managers, Australia brought proceedings against the Australian Red Cross Blood Service, seeking a scope order to exclude medical scientists from the broader group of employees for the purpose of negotiating a new enterprise agreement. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed scope order would promote fair and efficient negotiations and if the group of employees proposed to be excluded was fairly chosen. Additionally, the Commission needed to determine if it was appropriate to grant the order in light of the circumstances.

The Commission considered the arguments presented by both parties and examined the nature of the medical scientists' work and their relationship with the broader employee group. It was found that the proposed exclusion of medical scientists from the enterprise agreement negotiations was not necessary to promote fair and efficient negotiations. Furthermore, the Commission determined that the group proposed to be excluded was not fairly chosen, as it did not take into account the specific skills and roles of the medical scientists. Consequently, the application for the scope order was refused.

The Fair Work Commission determined that granting the proposed scope order would not facilitate fair and efficient negotiations. Additionally, the court found that the group proposed to be excluded was not fairly chosen. Therefore, the application for the scope order was refused, and no order was made to exclude medical scientists from the broader group of employees for the purpose of negotiating a new enterprise agreement.