Bespoke Pathology Pty Ltd

[2021] FWCA 6415

[2021] FWCA 6415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bespoke Pathology Pty Ltd
(AG2021/7685)

TISSUPATH STAFF AGREEMENT 2019-2022

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2021

Application for approval of the TissuPath Staff Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the TissuPath Staff Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bespoke Pathology Pty Ltd (the Employer). 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the Employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 14.7 and 32.7(b) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Health Services Union of Australia Victoria No. 4 Branch (Medical Scientists Association of Victoria) and the Health Services Union Victoria No. 1 Branch T/A Health Workers Union, being 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.

[6] The Agreement was approved on 25 October 2021 and, in accordance with s.54, will operate from 1 November 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE13641  PR735206>

Annexure A