DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Douglas Hanly Moir Pathology Pty Limited T/A Capital Pathology
(AG2016/4104)

THE CAPITAL PATHOLOGY ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of The Capital Pathology Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Capital Pathology Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Douglas Hanly Moir Pathology Pty Limited T/A Capital Pathology. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 28 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Douglas Hanly Moir Pathology Pty Limited trading as Capital Pathology, applied to the Fair Work Commission for approval of the Capital Pathology Enterprise Agreement 2016. The application was brought in light of the Fair Work (Registered Organisations) Act 2009, which requires certain agreements to be approved by the Commission before they can take effect. The primary dispute was whether the agreement met the legislative criteria for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the court were whether the agreement complied with the statutory requirements outlined in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was negotiated in good faith and whether it provided for minimum entitlements and conditions as prescribed by the Act. The court also examined whether the agreement complied with the Fair Work (Registered Organisations) Regulations 2009.

In reaching its decision, the Fair Work Commission carefully examined the terms of the agreement and the processes by which it was negotiated. The Commission found that the agreement met the statutory criteria for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and was negotiated in good faith. The Commission also concluded that the agreement complied with all relevant legislative requirements and prescribed minimum entitlements and conditions.

Consequently, the Fair Work Commission approved the Capital Pathology Enterprise Agreement 2016, enabling it to take effect as a registered agreement. The approval signified that the agreement met the necessary standards for fair and reasonable terms and conditions of employment, as well as all statutory requirements.

Douglas Hanly Moir Pathology Pty Limited T/A Capital Pathology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established