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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Douglass Hanly Moir Pathology Pty Limited, sought approval of the Capital Pathology Enterprise Agreement 2019, which was intended to be the enterprise agreement for its employees. The application was opposed by the Health Services Union of Australia, which argued that the agreement was not appropriately certified as a new agreement. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the Capital Pathology Enterprise Agreement 2019 was appropriately certified as a new agreement. This was contested by the union, which argued that the agreement was not genuinely a new agreement, as it was based on an existing agreement. The applicants, on the other hand, argued that the changes made to the existing agreement were sufficient to constitute it as a new agreement.

The commission considered the evidence presented by both parties and found that the changes made to the existing agreement were significant enough to constitute it as a new agreement. The commission found that the applicants had followed the appropriate process in certifying the agreement as a new one and approved the application. The union's opposition was dismissed.

As a result of the decision, the Capital Pathology Enterprise Agreement 2019 was approved as a new enterprise agreement. The commission found that the agreement was appropriately certified and that the applicants had followed the necessary process in doing so. The union's opposition was dismissed, and the agreement was approved.

Douglass Hanly Moir Pathology Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established