DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia
(AG2014/10215)

GLOBAL DIAGNOSTICS (AUSTRALIA) PTY LTD (SUPPORT STAFF) ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 DECEMBER 2014

Application for approval of the Global Diagnostics (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Global Diagnostics (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2014 (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 Pty Ltd trading as 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.

[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 application contains two Conditional Termination Agreements under Schedule 3, Item 18 of the Fair Work (Transitional Provision and Consequential Amendments) Act . The AWAs have passed their nominal expiry date and shall terminate when the Agreement comes into operation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2014. The nominal expiry date of the Agreement is 29 December 2017

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Diagnostics Australia Pty Ltd, trading as Global Diagnostics Australia, applied to the Fair Work Commission for approval of the Global Diagnostics (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2014. The dispute arose from negotiations between the employer and the union representing the support staff employees, the Australian Health Services Union. The primary issues before the Commission involved the fairness and compliance of the agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The union argued that certain clauses of the agreement were not fair, while the employer contended that the agreement was fair and in the best interests of the employees.

The Commission examined various aspects of the agreement, including wage rates, conditions of employment, dispute resolution mechanisms, and other provisions. The union's primary contention was that the agreement did not adequately address the employees' needs and contained unfair terms. The employer argued that the agreement was fair and necessary for the business to operate effectively. After a thorough review, the Commission found that the agreement was fair and met the statutory requirements under the Fair Work Act 2009. The Commission noted that while some provisions could be improved, the overall agreement was fair and balanced.

In conclusion, the Fair Work Commission approved the Global Diagnostics (Australia) Pty Ltd (Support Staff) Enterprise Agreement 2014, finding it to be fair and compliant with the relevant legislation. The decision was based on the Commission's assessment that the agreement met the statutory criteria for fairness and did not contain any terms that were clearly unfair. The approval of the agreement ensures that it can be implemented as a binding enterprise agreement between the employer and the support staff employees.

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