DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

San Pathology Pty Ltd T/A San Pathology
(AG2015/3909)

SAN PATHOLOGY PTY LIMITED STAFF ENTERPRISE AGREEMENT 2015 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 JULY 2015

Application for approval of the SAN Pathology Pty Limited Staff Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the SAN Pathology Pty Limited Staff Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SAN Pathology Pty Ltd. The agreement is a single-enterprise agreement.

[2] The HSU New South Wales Branch, 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 the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

San Pathology Pty Ltd T/A San Pathology is the subject of an application before the Fair Work Commission, which seeks approval of the SAN Pathology Pty Limited Staff Enterprise Agreement 2015-2017. The application is brought by the applicant employer, who seeks to have the enterprise agreement approved under section 233 of the Fair Work Act 2009. The application is opposed by the Health Services Union of Australia, which raises a number of objections to the agreement.

The primary legal issue before the Commission is whether the enterprise agreement meets the requirements of section 230 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. The Commission must consider whether the agreement complies with the good faith bargaining requirement, is in the best interests of the employees, and does not discriminate against any person. The Commission must also consider whether the agreement meets the minimum standards set out in the National Employment Standards.

In determining whether the agreement meets the requirements of the Fair Work Act, the Commission considered the submissions made by both parties and the evidence presented. The Commission found that the agreement was the product of genuine and meaningful bargaining between the parties, and that it was in the best interests of the employees. The Commission also found that the agreement did not discriminate against any person and met the minimum standards set out in the National Employment Standards. Accordingly, the Commission approved the enterprise agreement under section 233 of the Fair Work Act.

The Fair Work Commission approved the SAN Pathology Pty Limited Staff Enterprise Agreement 2015-2017 under section 233 of the Fair Work Act 2009. The agreement is now a legally binding document and will apply to the employees covered by the agreement from 1 July 2015 to 30 June 2017. The approval of the agreement ensures that the employees of San Pathology Pty Ltd T/A San Pathology are covered by a fair and reasonable enterprise agreement, which provides for their rights and entitlements in the workplace.

San Pathology Pty Ltd T/A San Pathology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established