Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories

[2017] FWCA 4421

[2017] FWCA 4421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories
(AG2017/3423)

THE CLINPATH LABORATORIES NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 25 AUGUST 2017

Application for termination of The Clinpath Laboratories Nursing Employees Enterprise Agreement 2013.

[1] On 10 August 2017, Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories (Clinpath) made an application to terminate The Clinpath Laboratories Nursing Employees Enterprise Agreement 2013 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] I have considered the information provided in the application and the additional information provided by Clinpath. I note that there are two employees who are paid in excess of the Nurses Award 2010 (the Award) and that Clinpath has undertaken to preserve their current rate of pay by way of an amended contract of employment. I further note, however, that despite this the penalty rate applicable to public holidays will reduce to the Award level.

[3] I have not received any objections from any employee covered by the Agreement. Furthermore, the Australian Nursing and Midwifery Federation, who are aware of the matters detailed above, have supported the termination of the Agreement.

[4] Pursuant to s.225 of the Act, I am satisfied as to each of the matters contained in s.226 of the Act. Accordingly, the Agreement is terminated.

[5] The termination will come into effect from 25 August 2017.

COMMISSIONER

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