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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Clinical Laboratories (WA) Pty Ltd T/A Clinical Labs, the Fair Work Commission was tasked with determining whether to approve the proposed Enterprise Agreement between Clinical Laboratories (WA) Pty Ltd and the Health Services Union of Western Australia (HSUWA) for the year 2021. The application for approval was made by the employer, Clinical Laboratories (WA) Pty Ltd, and the Health Services Union of Western Australia supported the application. The dispute primarily revolved around the terms and conditions of employment, including wages, hours of work, and other workplace arrangements, as outlined in the proposed agreement.

The primary legal issue before the Fair Work Commission was whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including whether it promoted high levels of productivity and efficiency. The Commission also needed to determine if the agreement had been fairly negotiated and whether it complied with any relevant safety net provisions.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail, focusing on its provisions regarding wages, hours of work, and other employment terms. The Commission noted that the agreement had been negotiated in good faith by both parties and that it included provisions that were fair and reasonable. The Commission found that the agreement provided for appropriate levels of productivity and efficiency and that it complied with the relevant safety net provisions. Consequently, the Commission approved the proposed agreement, recognising that it met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission's decision to approve the Clinical Laboratories (WA) HSUWA Enterprise Agreement 2021 was based on its finding that the agreement was fair and reasonable, provided for appropriate productivity and efficiency, and complied with all relevant safety net provisions. This decision ensures that the terms and conditions of employment for the employees of Clinical Laboratories (WA) Pty Ltd are governed by an agreement that has been fairly negotiated and approved by the Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established