Clinical Laboratories Pty Ltd T/A Australian Clinical Laboratories

[2020] FWCA 5338

[2020] FWCA 5338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Clinical Laboratories Pty Ltd T/A Australian Clinical Laboratories
(AG2020/1752)

AUSTRALIAN CLINICAL LABS (VICTORIA) PATHOLOGY ENTERPRISE AGREEMENT 2020 -2024

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 7 OCTOBER 2020

Application for approval of the Australian Clinical Labs (Victoria) Pathology Enterprise Agreement 2020 -2024.

[1] Application has been made by Clinical Laboratories Pty Ltd T/A Australian Clinical Laboratories for approval of a single enterprise agreement known as the Australian Clinical Labs (Victoria) Pathology Enterprise Agreement 2020 -2024 (the Agreement).

[2] The Agreement contains an administrative error at Schedule 4 in that the hourly rate of pay for Couriers – 5 years of experience in the Agreement’s third year of operation does not reflect the stated percentage increase. Clinical Laboratories seeks that the error be corrected under section 586 of the Act. I am satisfied that it is appropriate in the circumstances to make the correction sought.

[3] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2020. The nominal expiry date of the Agreement is 5 June 2024.

[6] The Agreement covers the Australian Nursing and Midwifery Federation and the Health Services Union of Australia.

COMMISSIONER

Appearances:

A Aspromourgos for the Applicant.
C Granger and R Collins for the Health Services Union of Australia.
L Kelly for the Australian Nursing and Midwifery Federation.

Hearing details:

2020.
Melbourne (video hearing):
August 26.

Printed by authority of the Commonwealth Government Printer

<AE509188  PR723343>

Annexure A