DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clinical Laboratories Pty Ltd T/A Australian Clinical Labs
(AG2019/4785)

CLINICAL LABORATORIES– SOUTH AUSTRALIAN OPERATIONS ENTERPRISE AGREEMENT 2018 – 2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2020

Application for approval of the Clinical Laboratories– South Australian Operations Enterprise Agreement 2018 – 2022.

[1] An application has been made for approval of an enterprise agreement known as the Clinical Laboratories– South Australian Operations Enterprise Agreement 2018 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clinical Laboratories Pty Ltd T/A Australian Clinical Labs. 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and the Health Services 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 is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 16 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Clinical Laboratories Pty Ltd, trading as Australian Clinical Labs, for the approval of the Clinical Laboratories – South Australian Operations Enterprise Agreement 2018 – 2022. This application was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Commission before they can be enforced. The dispute centred around the terms and conditions of employment for a defined group of employees within the South Australian operations of the company, encompassing aspects such as wages, hours of work, and other employment-related matters.

The central legal issues the Commission was tasked with resolving were whether the proposed agreement met the statutory requirements for approval, specifically whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations. This included scrutinising whether the agreement provided for fair and reasonable terms and conditions, ensuring that it did not undermine the safety nets provided by the National Employment Standards and the safety net award, and confirming that the agreement had been genuinely negotiated and not imposed. Furthermore, the Commission had to determine whether the necessary procedural requirements for the application had been satisfied.

In examining these issues, the Commission considered the submissions from both parties, including the evidence presented regarding the negotiation process and the contents of the agreement. The Commission found that the agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. It satisfied the statutory requirements for approval, including the adherence to the National Employment Standards and the safety net award. The Commission concluded that the agreement provided for appropriate safeguards for employees and did not undermine the protections afforded by the safety net. Consequently, the Commission approved the Clinical Laboratories – South Australian Operations Enterprise Agreement 2018 – 2022, thereby enabling it to be enforced as a legally binding contract between the employer and the employees.

The final orders included the approval of the enterprise agreement, effective from the date of the Commission's decision, and mandated that the agreement be provided to all affected employees. The agreement was to be registered with the Fair Work Commission and would supersede any inconsistent provisions in the safety net award. The decision was made in the interest of ensuring fair and reasonable terms and conditions of employment, while also upholding the legislative framework designed to protect the rights of employees.

Clinical Laboratories Pty Ltd T/A Australian Clinical Labs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established