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

Annexure A

CaseChat Overview and Summary

Clinical Laboratories Pty Ltd, trading as Australian Clinical Laboratories, was before the Fair Work Commission in an application for approval of the Australian Clinical Labs (Victoria) Pathology Enterprise Agreement 2020-2024. The dispute revolved around the terms and conditions of employment for the employees within the pathology enterprise, including wages, hours of work, and other employment-related provisions. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The applicant argued that the agreement reflected the needs and aspirations of both the employer and the employees, while also adhering to the legislative framework. The Commission needed to assess the provisions of the agreement against the criteria set out in the Fair Work Act, including the 'better off overall test', to ensure that the agreement did not place employees worse off than they would be under the applicable awards or the National Employment Standards.

The Commission found that the agreement was fair and reasonable, as it provided for a balanced consideration of the interests of both the employer and the employees. The agreement included provisions for wages, hours of work, leave entitlements, and other terms and conditions of employment, which were deemed to be reasonable and in line with the applicable awards and legislative requirements. The Commission also found that the agreement was made in good faith, as both parties had engaged in genuine negotiations and had made efforts to reach a mutually acceptable outcome. Therefore, the Commission approved the agreement, finding that it met the legal requirements under the Fair Work Act.

As a result of the Commission's decision, the Australian Clinical Labs (Victoria) Pathology Enterprise Agreement 2020-2024 was approved and registered with the Fair Work Commission. The agreement will now govern the terms and conditions of employment for the employees within the pathology enterprise, providing a framework for fair and reasonable employment practices. The parties are bound by the terms of the agreement, which will remain in effect until the expiration date of 30 June 2024, unless otherwise terminated or varied in accordance with the Fair Work Act.

Clinical Laboratories Pty Ltd T/A Australian Clinical Laboratories

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established