Clinical Laboratories Pty Ltd T/A Australian Clinical Labs

[2020] FWCA 506

[2020] FWCA 506

FAIR WORK COMMISSION

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

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Annexure A