DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diagnostic Services Pty Ltd
(AG2017/1394)

DIAGNOSTIC SERVICES PTY LTD AND CONSULTANT PATHOLOGY SERVICES PTY LTD ENTERPRISE AGREEMENT (2017)

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 JULY 2017

Application for approval of the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2017).

[1] An application has been made for approval of an enterprise agreement known as the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd 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 Diagnostic Services Pty Ltd. 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 and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Diagnostic Services Pty Ltd, the Fair Work Commission (FWC) was tasked with determining whether the proposed Enterprise Agreement between Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd for the year 2017 should be approved. The dispute involved the terms and conditions of employment for the workers within the specified companies and the compliance of the proposed agreement with relevant industrial laws.

The primary legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion. Specifically, the FWC examined whether the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable awards, and whether the process of making the agreement was fair and transparent.

The FWC determined that the agreement met the statutory requirements and was made in good faith. The Commission found that the proposed agreement provided for minimum rates of pay and conditions that were at least equal to those stipulated in the relevant awards. Furthermore, the FWC was satisfied that the process of making the agreement was free from coercion and was conducted in a manner that was procedurally fair. Consequently, the FWC approved the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Enterprise Agreement (2017).

The FWC's approval of the agreement means that the terms and conditions set out in the Enterprise Agreement will now apply to the employees of Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd, replacing any conflicting terms in the applicable awards. The agreement provides for specific rates of pay, leave entitlements, and other conditions of employment for the workers within the companies.

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