MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – application by the Shop, Distributive and Allied Employees Association (SDA) to insert provisions relating to blood donor leave into several modern awards – proposed two ordinary hours’ paid blood donor leave up to four occasions per year for permanent employees – submitted that provisions were necessary to achieve modern award objective having regard to the relatively lower pay of employees in the associated industries – submitted that there is a high social utility in donating blood that supports making the variation – Commission considered whether inclusion of terms about blood donor leave was necessary for the modern award objective to be met – considered National Retail Association v Fair Work Commission and CFMEU v Anglo American Metallurgical Coal P/L – not satisfied that blood donor leave needed to be part of a fair and relevant safety net of terms and conditions – found it remained possible and practicable for employees to donate blood outside of working hours – found provision was of little relevance to level of employees’ remuneration, working hours or conditions of work – found imposed some level of cost on employers due to short term absence of employees taking blood donor leave – found none of the considerations set by modern award objectives under the FW Act supported blood donor leave being a necessary part of the minimum safety net – application dismissed. 4 yearly review of modern awards – Blood donor leave
