Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories

[2018] FWCA 3391

[2018] FWCA 3391[Note: This decision has been quashed - refer to Full Bench decision dated 11 September 2018 [[2018] FWCFB 5694]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories
(AG2018/97)

THE CLINPATH LABORATORIES - ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 8 JUNE 2018

Application for approval of The Clinpath Laboratories - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Clinpath Laboratories - Enterprise Agreement 2017 (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 T/A Clinpath Laboratories. The Agreement is a single enterprise agreement.

[2] The Applicant 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 15 June 2018. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

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Annexure A