Healius Pathology Pty Ltd T/A Laverty Pathology
[2023] FWCA 1225
•28 APRIL 2023
| [2023] FWCA 1225 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Healius Pathology Pty Ltd T/A Laverty Pathology
(AG2023/773)
HEALIUS PATHOLOGY PTY LTD TRADING AS LAVERTY PATHOLOGY (NSW AND ACT) ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| COMMISSIONER P RYAN | SYDNEY, 28 APRIL 2023 |
Application for approval of the Healius Pathology Pty Ltd t/a Laverty Pathology (NSW and ACT) Enterprise Agreement 2023
Healius Pathology Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Healius Pathology Pty Ltd trading as Laverty Pathology (NSW and ACT) Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the HSU.
Approval
The Agreement is approved. Clause 3 of the Agreement states that the Agreement will commence operation on the first full pay period to commence on or after the seventh day after approval by the Commission. The Employer advised that it operates a fortnightly pay period and the next pay period to commence on or after seven days after this decision commences on Monday 15 May 2023.
Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 14 May 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE519872 PR761477>
0
0
0