Healius Pathology Pty Ltd

[2022] FWCA 85

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healius Pathology Pty Ltd

(AG2021/8391)

QML Pathology Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JANUARY 2022

Application for approval of the QML Pathology Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the QML Pathology Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healius Pathology Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The United Workers’ Union, and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers those organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Healius Pathology Pty Ltd recently brought an application before the Fair Work Commission (FWC) for the approval of the QML Pathology Enterprise Agreement 2021. The application involved Healius Pathology and its employees, who are represented by the Health Services Union of Australia. The dispute centred around the terms and conditions of employment under the proposed agreement, including wages, hours of work, leave provisions, and other employment-related matters.

The legal issues that the FWC had to address involved whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Act. The FWC also had to consider whether the agreement was made in good faith and whether it provided for genuine bargaining between the parties.

The FWC, in its decision, found that the agreement met the necessary requirements under the Fair Work Act. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements of the Act. The FWC also found that the agreement was made in good faith and that there was genuine bargaining between the parties. The FWC noted that the agreement included provisions for minimum wages, overtime, leave entitlements, and other employment-related matters that were considered fair and reasonable. The FWC approved the agreement, and it will now become a legally binding enterprise agreement between Healius Pathology and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established