DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clinical Laboratories (WA) P/L T/A Australian Clinical Laboratories
(AG2018/841)

CLINICAL LABORATORIES (WA) HSUWA ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2018

Application for approval of the Clinical Laboratories (WA) HSUWA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Clinical Laboratories (WA) HSUWA Enterprise Agreement 2018 (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 (WA) P/L T/A Australian Clinical Laboratories. 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.

[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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Clinical Laboratories (WA) P/L trading as Australian Clinical Laboratories, applied for approval of the Clinical Laboratories (WA) Health Services Union WA Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The applicant sought to have the agreement approved as a modern award and as a safety net award. The application was opposed by the Health Services Union WA.

The key legal issues before the Commission were whether the proposed agreement met the requirements of sections 231 and 232 of the Fair Work Act 2009, including whether the agreement provided for a safety net for employees. The Commission considered whether the agreement provided for minimum rates of pay, conditions of employment, and other terms and conditions that were no less favourable than those provided by the relevant modern awards.

The Commission found that the proposed agreement did meet the requirements of the Act. The agreement provided for minimum rates of pay, conditions of employment, and other terms and conditions that were no less favourable than those provided by the relevant modern awards. The Commission also found that the agreement provided for a safety net for employees, including provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The Commission approved the proposed agreement as a modern award and as a safety net award.

The Commission made orders approving the proposed agreement as a modern award and as a safety net award. The agreement was approved with effect from the date of the Commission’s decision. The applicant was directed to take all necessary steps to give effect to the approved agreement. The Health Services Union WA’s opposition to the application was dismissed.

Clinical Laboratories (WA) P/L 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