Clinical Laboratories (Wa) Pty Ltd T/A Australian Clinical Labs

[2025] FWCA 384

[2025] FWCA 384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clinical Laboratories (Wa) Pty Ltd T/A Australian Clinical Labs

(AG2024/4492)

CLINICAL LABORATORIES (WA) HSUWA AND EMPLOYEE ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER SCHNEIDER	PERTH, 30 JANUARY 2025

Application for approval of the Clinical Laboratories (WA) HSUWA and Employee Enterprise Agreement 2024

1. Clinical Laboratories (Wa) Pty Ltd T/A Australian Clinical Labs (the Applicant) has made an application for the approval of an enterprise agreement known as the Clinical Laboratories (WA) HSUWA and Employee Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. Following an assessment of the Agreement and application materials, my Chambers emailed the parties a list of initial concerns on 5 December 2024 and requested a response from the Applicant. The Applicant provided an initial response alongside a proposed undertaking. The Applicant’s response was met with further questions from the Health Services Union (the Union) and the Employee Bargaining Representative. A conference was listed on 29 January 2025, in which the Commission sought to discuss the primary issues with the parties. The parties reached agreement during the conference and shortly thereafter the Applicant filed an updated undertaking.

1. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 January 2028.

COMMISSIONER

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