Clinical Laboratories (WA) Pty Ltd T/A Clinical Labs

[2021] FWCA 2821

[2021] FWCA 2821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clinical Laboratories (WA) Pty Ltd T/A Clinical Labs
(AG2021/4255)

CLINICAL LABORATORIES (WA) HSUWA ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 18 MAY 2021

Application for approval of the Clinical Laboratories (WA) HSUWA Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Clinical Laboratories (WA) HSUWA Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Clinical Laboratories (WA) Pty Ltd T/A Clinical Labs (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Health Services Union WA (HSUWA) lodged a Form F18 giving notice under s.183 of the Act that the HSUWA wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the HSUWA.

[5] Noting the undertaking provided by the Applicant, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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