Healius Pathology Pty Ltd T/A Western Diagnostic Pathology Summary

[2022] FWCA 4

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healius Pathology Pty Ltd T/A Western Diagnostic Pathology

(AG2021/8396)

Western Diagnostic Pathology Couriers’ Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 4 JANUARY 2022

Application for approval of the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2021.

Healius Pathology Pty Ltd T/A Western Diagnostic Pathology (the Employer) has made an application for the approval of the Western Diagnostic Pathology Couriers' Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Schedule 3 is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and 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 TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2022. 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

In the Fair Work Commission, the applicant, Healius Pathology Pty Ltd trading as Western Diagnostic Pathology, applied for an approval order in relation to the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2021. The applicant sought to finalise the terms of employment for couriers employed in the courier services division of the business. The application was opposed by the Australian Services Union. The dispute centred on whether the agreement provided appropriate protections for the employees, particularly in terms of their remuneration, conditions of work, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for appropriate minimum terms and conditions and whether it was certified as a simple, genuine and in good faith agreement. The Commission examined the agreement to determine if it complied with the statutory minimum standards and if it was appropriately certified. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission found that the agreement met the statutory requirements and was appropriately certified. The agreement provided for terms and conditions of employment that were no less favourable than the relevant award or safety net award. The Commission was satisfied that the agreement provided for appropriate protections for the employees, including provisions for remuneration, leave, and dispute resolution. The Commission found that the agreement was a genuine and in good faith agreement and was in the best interests of the employees.

The Fair Work Commission approved the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2021. The Commission made an order approving the agreement and declared that it would be registered as a registered agreement under the Fair Work Act 2009. The order will be effective from the date of registration.

Healius Pathology Pty Ltd T/A Western Diagnostic Pathology

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established