DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia
(AG2017/6303)

GLOBAL DIAGNOSTICS (AUSTRALIA) PTY LTD (SUPPORT STAFF) ENTERPRISE AGREEMENT 2017.

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JANUARY 2018

Application for approval of the Global Diagnostic (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Global Diagnostics (Australia) Pty Ltd (Support Staff) 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 Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Health Services Union 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.

[4] The Agreement was approved on 3 January 2018 and, in accordance with s.54, will operate from 10 January 2018. The nominal expiry date of the Agreement is 10 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia applied to the Fair Work Commission for approval of the Global Diagnostic (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2017. The application involved a dispute between the company and the support staff employees regarding the terms and conditions of their employment. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal criteria for approval.

The legal issues before the Commission centred on whether the agreement provided for the proper negotiation process, ensured fair terms and conditions for employees, and complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider whether the agreement was genuinely negotiated, whether it included all the mandatory terms and conditions required by law, and whether it would provide for a fair outcome for the employees.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was genuinely negotiated and contained all the mandatory terms and conditions required by law. The Commission was satisfied that the agreement provided for a fair outcome for the employees and that it complied with the relevant provisions of the Fair Work Act. As a result, the Commission approved the Global Diagnostic (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2017.

The Commission's decision to approve the enterprise agreement provides clarity for both Global Diagnostics Australia and its support staff employees. The approved agreement will now serve as the basis for the terms and conditions of employment for the relevant employees, ensuring that they are fairly and appropriately compensated for their work.

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established