DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clinpath Laboratories Pty Ltd
(AG2019/629)

THE CLINPATH LABORATORIES - ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 4 JUNE 2019

Application for approval of The Clinpath Laboratories - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Clinpath Laboratories - 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 Clinpath Laboratories Pty Ltd. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Clinpath Laboratories Pty Ltd, the applicant sought approval for the Clinpath Laboratories - Enterprise Agreement 2018 under the Fair Work Act 2009. The applicant, a pathology laboratory, entered into an enterprise agreement with its employees represented by the Health Services Union of Australia. The dispute centred on the specifics of the agreement, including wage rates, working conditions, and dispute resolution mechanisms. The application was heard by the Fair Work Commission, the statutory body with jurisdiction over such matters.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it complied with the "better off overall test" (BOOT). This test required that the employees, on average, would be no worse off financially and better off overall in terms of conditions. The Commission needed to examine the fairness of the terms, the process by which the agreement was reached, and whether it met the legislative criteria.

The Fair Work Commission found that the Clinpath Laboratories - Enterprise Agreement 2018 met the requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were not worse off overall. The process leading to the agreement was also deemed to be fair and in compliance with the Act. The Commission concluded that the agreement was fair and met all the statutory criteria for approval.

The Fair Work Commission approved the Clinpath Laboratories - Enterprise Agreement 2018, confirming its compliance with the Fair Work Act. The agreement was thus authorised to be in effect, providing a framework for the terms and conditions of employment for the employees of Clinpath Laboratories.

Clinpath Laboratories Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established