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

[2014] FWCA 4158

[2014] FWCA 4158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clinical Laboratories Pty Ltd T/A Healthscope Pathology (SA)
(AG2014/1144)

HEALTHSCOPE PATHOLOGY - SOUTH AUSTRALIA - NURSES AGREEMENT 2014-2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 24 JUNE 2014

Application for approval of the Healthscope Pathology - South Australia - Nurses Agreement 2014-2017.

[1] On 16 May 2014 Clinical Laboratories Pty Ltd T/A Healthscope Pathology (SA) (Applicant) made an application for approval of the Healthscope Pathology - South Australia - Nurses Agreement 2014-2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings are in respect of the manner in which hours of work are averaged and the consultation term. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation (ANMF) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is 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 ANMF 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 July 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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ANNEXURE A