DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diagnostic Services Pty Ltd
(AG2019/683)

DIAGNOSTIC SERVICES PTY LTD AND CONSULTANT PATHOLOGY SERVICES PTY LTD ENTERPRISE AGREEMENT (2018)

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2018)

[1] Diagnostic Services Pty Ltd has made an application for approval of an enterprise agreement known as the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer provided written undertakings to the Commission on 9 September 2019. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it seeks to be covered by the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 10 September 2019 and, in accordance with s 54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd sought approval of their Enterprise Agreement (2018). The application was contested by the Health Services Union of Australia. The dispute centred around the terms and conditions of employment set forth in the proposed agreement, specifically addressing matters such as wages, hours of work, leave entitlements, and other employment-related provisions.

The legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included determining whether the agreement provided for minimum terms and conditions, whether it was free from prohibited content, and whether it was made in good faith. The Commission also needed to consider whether the agreement satisfied the 'better off overall test', ensuring that employees were not worse off financially under the new agreement.

In delivering its decision, the Commission found that the agreement met all the statutory requirements. It provided for minimum terms and conditions and was free from prohibited content. The Commission also determined that the agreement was made in good faith and satisfied the 'better off overall test'. Consequently, the Commission approved the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2018).

Diagnostic Services 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