Clinical Laboratories Pty Ltd T/A Healthscope Pathology (SA)

[2015] FWCA 3028

[2015] FWCA 3028

FAIR WORK COMMISSION

DECISION

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

Clinical Laboratories Pty Ltd T/A Healthscope Pathology (SA)
(AG2015/895)

HEALTHSCOPE PATHOLOGY - SOUTH AUSTRALIAN OPERATIONS ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 1 MAY 2015

Application for approval of the Healthscope Pathology - South Australian Operations Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope Pathology - South Australian Operations Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Clinical Laboratories Pty Ltd T/A Healthscope Pathology (SA). The Agreement is a single-enterprise agreement.

[2] Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] The application was lodged with formal written undertakings which are appended to the agreement as approved.

[4] I have accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding I note that the dispute resolution provision in clause 36 is broad enough to include disputes about the NES given the other terms of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 16 September 2018.

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