DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bespoke Pathology Pty Ltd T/A Tissupath
(AG2018/1629)

TISSUPATH STAFF AGREEMENT 2012-2016

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JULY 2018

Application for variation of the TissuPath Staff Agreement 2012-2016.

[1] An application has been made for approval of a variation to the TissuPath Staff Agreement 2012-2016 (the Agreement). The application was made by Bespoke Pathology Pty Ltd T/A Tissupath pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 7 April 2014. Those undertakings form part of the Agreement as varied.

[6] A variation was made to the title of the Agreement which replaces the Agreement title TissuPath Staff Agreement 2012 – 2016 with the following:

TissuPath Staff Agreement 2017 - 2019

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 11 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bespoke Pathology Pty Ltd trading as TissuPath, an application for the variation of the TissuPath Staff Agreement 2012-2016 was heard by the Fair Work Commission. The applicant, Bespoke Pathology, sought to modify certain terms of the existing employment agreement, including the introduction of a new shift penalty rate. The respondent, the Australian Health Service Employees' Union (Victorian Branch), opposed the changes, arguing that they were unreasonable and did not align with the principles of good faith bargaining.

The central legal issues before the Commission were whether the proposed changes were consistent with the requirements of the Fair Work Act and whether they represented a genuine attempt to bargain in good faith. The Commission needed to assess whether the changes were necessary, reasonable, and in line with the principles of fairness and equity. Additionally, the Commission considered the impact of the proposed changes on the employees and whether the applicant had demonstrated a sufficient basis for the amendments.

The Fair Work Commission determined that the changes proposed by Bespoke Pathology were not unreasonable and were, in fact, necessary to address operational challenges. The Commission found that the applicant had engaged in good faith negotiations and had provided adequate justification for the changes, including the need to maintain financial viability and ensure quality service delivery. The Commission emphasised the importance of flexibility in employment arrangements to adapt to changing business environments and acknowledged the applicant's efforts to mitigate the impact on employees through consultation and negotiation. As a result, the application for variation was approved, allowing the new shift penalty rate to be implemented as part of the revised employment agreement.

Bespoke Pathology Pty Ltd T/A Tissupath

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established