DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healius Pathology Pty Ltd T/A Dorevitch Pathology
(AG2021/6275)

HEALIUS PATHOLOGY PTY LTD TRADING AS DOREVITCH PATHOLOGY SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 AUGUST 2021

Application for approval of the Healius Pathology Pty Ltd trading as Dorevitch Pathology Support Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Healius Pathology Pty Ltd trading as Dorevitch Pathology Support Employees Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Healius Pathology Pty Ltd T/A Dorevitch Pathology (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 30 July 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020 and the Nurses Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

Australian Nursing and Midwifery Federation (ANMF); and

Health Services Union Australia Victoria No. 1 Branch T/A Health Workers Union (HWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healius Pathology Pty Ltd trading as Dorevitch Pathology sought approval of the Support Employees Enterprise Agreement 2021 from the Fair Work Commission (FWC). The applicants sought to implement the agreement under section 232 of the Fair Work Act 2009. The respondent, the Australian Medical Association (Victorian Branch) objected to the application on the basis that the proposed agreement did not fairly and properly recognise the rights of employees to organise and bargain collectively. The application was heard by Deputy President J O’Brien.

The central issue before the FWC was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement complied with the provisions of section 232 of the Act, including whether it fairly and properly recognised the rights of employees to organise and bargain collectively. The FWC also had to assess if the agreement contained any provisions that were contrary to public policy or not in the public interest.

The FWC found that the proposed agreement did fairly and properly recognise the rights of employees to organise and bargain collectively. The FWC noted that the agreement provided for the establishment of a support employees committee, which would provide a forum for employees to discuss and raise issues related to their employment. The FWC also found that the agreement contained provisions that were not contrary to public policy or in the public interest. The FWC approved the application and registered the agreement.

The FWC approved the application and registered the agreement, effective from 1 April 2021. The agreement was registered with the provisions unaltered. The FWC found that the agreement met the requirements for approval under the Fair Work Act and that it fairly and properly recognised the rights of employees to organise and bargain collectively.

Healius Pathology Pty Ltd T/A Dorevitch Pathology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established