Healius Pathology Pty Ltd T/A Laverty Pathology Summary

[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

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Healius Pathology Pty Ltd t/a Laverty Pathology (NSW and ACT) Enterprise Agreement 2023. The application was brought by the employer, Healius Pathology Pty Ltd, against the union representing the employees, the Australian Health Services Union. The dispute centred around the terms and conditions of employment for the employees, specifically regarding their wages, hours of work, and other workplace conditions.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it complied with the procedural requirements for the approval of enterprise agreements. The court also had to consider whether the agreement provided for a fair and reasonable resolution of the bargaining issues between the parties.

In reaching its decision, the court found that the proposed agreement contained all the minimum terms and conditions required by the Fair Work Act 2009. The agreement provided for a comprehensive set of workplace terms, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court further found that the agreement was the product of genuine bargaining between the parties, and that it provided for a fair and reasonable resolution of the bargaining issues. As a result, the court approved the enterprise agreement, finding that it met the statutory requirements for approval.

The final orders of the court included the approval of the Healius Pathology Pty Ltd t/a Laverty Pathology (NSW and ACT) Enterprise Agreement 2023, effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission, and that it be circulated to all affected employees. The decision provides a useful example of the considerations that the court takes into account when approving an enterprise agreement, and highlights the importance of ensuring that agreements meet the statutory requirements for approval.

Healius Pathology Pty Ltd T/A Laverty Pathology

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established