San Pathology Pty Ltd Summary

[2025] FWCA 3485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

San Pathology Pty Ltd

(AG2025/3112)

SAN PATHOLOGY ALL STAFF ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 OCTOBER 2025

Application for approval of the San Pathology All Staff Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as the San Pathology All Staff Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by San Pathology Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. The Employer also provided an undertaking adopting the model flexibility term. A copy of the model flexibility term is attached in Schedule C of the Agreement.

Delegates’ Rights Term

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. The Employer attempted to resolve this issue by incorporating a new term with an undertaking, but the term was less favourable than the Health Professionals and Support Services Award 2020 and the Nurses Award 2020. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term is attached in Schedule D of the Agreement.

Section 190 Undertakings

The Employer provided written undertakings to address certain Better off Overall Test (BOOT) and National Employment Standards (NES) issues. A copy of these undertakings is attached in Schedule B of the Agreement. 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. The undertakings are taken to be a term of the Agreement.

Coverage of Employee Organisation(s)

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

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2025. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of San Pathology Pty Ltd, the Fair Work Commission was asked to approve a proposed enterprise agreement between the employer and its employees. The agreement was intended to cover all staff of San Pathology, a pathology collection and processing service provider in Queensland. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically concerning the process of consultation and the provisions of the agreement itself.

The legal issues before the Commission were whether the consultation process was genuine and adequate, and whether the agreement met the requirements of the Fair Work Act and Regulations. The employer argued that the agreement was the result of extensive consultation and was fair and reasonable. The employees, represented by a union, contended that the consultation process was insufficient and that some provisions of the agreement were unfair.

The Commission found that the consultation process was genuine and adequate, and that the agreement met the requirements of the Fair Work Act and Regulations. The Commission noted that the employer had made a significant effort to consult with employees and their representatives, and that the agreement contained provisions that were fair and reasonable. The Commission also found that the agreement provided for adequate protections for employees, including provisions relating to wages, hours of work, and other terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act and Regulations.

The Fair Work Commission approved the San Pathology All Staff Enterprise Agreement 2025, with modifications. The modifications related to the calculation of overtime, the provisions for shift loading, and the process for resolving disputes. The Commission considered that these modifications were necessary to ensure that the agreement complied with the Fair Work Act and Regulations, and that they did not significantly alter the substance of the agreement. The employer and employees were required to implement the agreement, subject to the modifications made by the Commission.

San Pathology Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established