Healius Pathology Pty Ltd T/A Western Diagnostic Pathology

[2021] FWCA 6220

[2021] FWCA 6220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healius Pathology Pty Ltd T/A Western Diagnostic Pathology
(AG2021/7603)

WESTERN DIAGNOSTIC PATHOLOGY & VETPATH HEALTH SERVICES UNION ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 13 OCTOBER 2021

Application for approval of the Western Diagnostic Pathology & Vetpath Health Services Union Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Western Diagnostic Pathology & Vetpath Health Services Union Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Healius Pathology Pty Ltd T/A Western Diagnostic Pathology (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 October 2021.

[3] On 8 October 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 October 2021. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Clause 19.5.2 of the Agreement shall be read subject to s.324 of the Act.

•  If an employee fails to give the required notice, the employer will have the right to withhold wages due to the employee of an amount that is not more than one week’s wages.

•  The rates of pay for Grade 3 (2IC) Stores/Maintenance employees have been amended to ensure that the Agreement passes the better off overall test (BOOT).

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Health Services Union (HSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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