San Pathology Pty Ltd T/A San Pathology Summary

[2017] FWCA 4899

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

San Pathology Pty Ltd T/A San Pathology

(AG2017/2575)

San PathoLOgy Pty Ltd All Staff Enterprise Agreement 2017 - 2020

Health and welfare services
Commissioner Johns	SYDNEY, 19 SEPTEMBER 2017

Application for approval of the San Pathology Pty Ltd All Staff Enterprise Agreement 2017 - 2020.

On 30 June 2017 San Pathology Pty Ltd T/A San Pathology (Applicant) made an application for approval of the San Pathology Pty Ltd All Staff Enterprise Agreement 2017 – 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union has indicated its acceptance of the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Health Services Union, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, San Pathology Pty Ltd, trading as San Pathology, was the subject of an application for the approval of the San Pathology Pty Ltd All Staff Enterprise Agreement 2017 - 2020. The applicant, San Pathology, sought approval of the proposed enterprise agreement, which had been negotiated with the relevant employee representatives. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission examined whether the agreement was genuinely negotiated, and whether it had been properly certified by the relevant employee representatives. Substantively, the Commission considered whether the terms of the agreement met the ‘better off overall test’, ensuring that employees were not worse off financially and had some additional benefits.

After reviewing the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and certified as required by law. The terms of the agreement were also found to meet the better off overall test, providing employees with improved conditions without any detriment to their financial position. Consequently, the Commission approved the proposed enterprise agreement, deeming it compliant with the legislative requirements.

As a result of the decision, the Fair Work Commission granted approval for the San Pathology Pty Ltd All Staff Enterprise Agreement 2017 - 2020, which is now legally binding on the parties involved.

San Pathology Pty Ltd T/A San Pathology

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established