DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Safe Work Laboratories Proprietary Ltd
(AG2018/82)

SAFE WORK LABORATORIES DRUG AND ALCOHOL TECHNICIAN ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2018

Application for approval of the Safe Work Laboratories Drug and Alcohol Technician Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Safe Work Laboratories Drug and Alcohol Technician Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Safe Work Laboratories Proprietary Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2018. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Safe Work Laboratories Proprietary Ltd applied to the Fair Work Commission for approval of the Safe Work Laboratories Drug and Alcohol Technician Enterprise Agreement 2017. The dispute arose because the Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the interests of the employees. The parties involved were Safe Work Laboratories Proprietary Ltd and its employees, represented by the Health Services Union of Australia.

The legal issues before the Commission were whether the agreement contained all the mandated terms and conditions and if it met the genuine agreement criteria under the Fair Work Act 2009. The Commission also needed to determine if the agreement would be in the interests of the employees and whether it complied with the minimum terms and conditions under the relevant award.

In its reasoning, the Commission noted that the agreement contained all the mandated terms and conditions and was a genuine agreement as it had been negotiated in good faith between the parties. The Commission found that the agreement was in the interests of the employees as it provided for fair and reasonable terms and conditions, including provisions for pay rates, hours of work, and other employment conditions. The Commission also determined that the agreement complied with the minimum terms and conditions under the relevant award.

The Fair Work Commission approved the Safe Work Laboratories Drug and Alcohol Technician Enterprise Agreement 2017. The agreement was approved as meeting the requirements of the Fair Work Act 2009 and was in the interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions and complied with the minimum terms and conditions under the relevant award.

Safe Work Laboratories Proprietary Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established