Douglass Hanly Moir Pathology Pty Limited

[2019] FWCA 6528

[2019] FWCA 6528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Douglass Hanly Moir Pathology Pty Limited
(AG2019/3036)

THE CAPITAL PATHOLOGY ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 18 SEPTEMBER 2019

Application for approval of the Capital Pathology Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Capital Pathology Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Douglass Hanly Moir Pathology Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 (Cth) (the Regulations) is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Health Services Union of Australia (HSU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 17 April 2023.

COMMISSIONER

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Annexure A