[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Clinpath Laboratories Pty Ltd trading as Clinpath Laboratories, the applicant sought approval for the Enterprise Agreement 2017. This agreement, submitted to the Fair Work Commission, aimed to establish terms and conditions of employment for workers within the organisation. The primary dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 and if it adhered to the principles of procedural fairness and good faith bargaining. The court was required to determine if the agreement was genuinely negotiated and if it complied with the provisions of the Act.

The court addressed several key legal issues. It examined whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was appropriately negotiated. Additionally, the court considered whether the agreement was likely to ensure better pay and conditions for the employees and whether it was fair and reasonable. The court needed to ascertain if there were any unfair dismissal provisions within the agreement and if the agreement complied with the procedural fairness requirements.

After thorough examination, the court concluded that the agreement met the necessary standards. The agreement was found to be genuinely negotiated in good faith, containing all the required minimum terms and conditions. It was deemed fair and reasonable, ensuring better pay and conditions for the employees. The court found that the agreement was compliant with the Fair Work Act and satisfied the principles of procedural fairness. The court approved the agreement, acknowledging its adherence to the legal requirements and its beneficial impact on the employees.

The final orders included the approval of the Clinpath Laboratories - Enterprise Agreement 2017, recognising its compliance with the Fair Work Act and its alignment with the principles of good faith bargaining and procedural fairness. The agreement was deemed fair and reasonable, providing enhanced terms and conditions for the employees.

Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established