Melbourne Pathology Pty Ltd

[2019] FWCA 5642

[2019] FWCA 5642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Pathology Pty Ltd
(AG2019/2030)

MELBOURNE PATHOLOGY SUPPORT STAFF ENTERPRISE BARGAINING AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 AUGUST 2019

Application for approval of the Melbourne Pathology Support Staff Enterprise Bargaining Agreement 2019.

[1] Melbourne Pathology Pty Ltd has made an application for approval of an enterprise agreement known as the Melbourne Pathology Support Staff Enterprise Bargaining Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 14 August 2019 and, in accordance with s 54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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Annexure A