Specialist Diagnostic Services Pty Ltd T/A Dorevitch Pathology

[2019] FWCA 4711

[2019] FWCA 4711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist Diagnostic Services Pty Ltd T/A Dorevitch Pathology
(AG2019/1005)

SPECIALIST DIAGNOSTIC SERVICES PTY LTD TRADING AS DOREVITCH PATHOLOGY SCIENTISTS AND TECHNICIANS ENTERPRISE AGREEMENT 2019-2022

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2019

Application for approval of the Specialist Diagnostic Services Pty Ltd trading as Dorevitch Pathology Scientists and Technicians Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Specialist Diagnostic Services Pty Ltd trading as Dorevitch Pathology Scientists and Technicians Enterprise Agreement 2019-2022 (“the Agreement”). It is made under s.185 of the Fair Work Act 2009 (“the Act”) by Specialist Diagnostic Services Pty Ltd T/A Dorevitch Pathology. The Agreement is a single enterprise Agreement.

[2] The Health Services Union (Victoria No 4 branch) (“the HSU”) subsequently provided an F18 Statutory Declaration in relation to the application for approval and raised two issues regarding the content of the F17 Employer’s Statutory Declaration. The first concerns the alignment of classifications between the Agreement and the underlying Modern Award, being the Health Professionals and Support Services Award 2010 (“the HPSS Award”). The second issue concerns the reference to any other collective agreements that presently apply in sub clause 4.4 of the F17 Statutory Declaration.

[3] The Commission was subsequently in contact with the parties about these issues and it was agreed they could be dealt with in the following manner in this decision.

[4] The HSU considers that the alignment of classifications between the Agreement and the HPSS Award, as proposed at paragraph 3.2 of the F17 Employer’s Statutory Declaration, is not correct for the following reasons.

•  The Scientist Grade 3 classification in the Agreement is a Scientist with at least seven years’ experience and is in charge of scientific and/or related work. The HPSS Award descriptors for a Health Professional – Level 2 describe a Scientist who may require professional supervision if performing novel, complex or critical tasks. The Modern Award descriptors for a Health Professional – Level 3 refer to the Scientist independently applying professional knowledge and judgement when performing novel, complex or critical tasks. The HSU considers that the Scientist Grade 3 classification in the Agreement accordingly is more accurately aligned with the Health Professional – Level 3 classification in the Award, principally because a Scientist is at these respective levels more experienced and working on critical/complex tasks without supervision. In addition, the descriptors for Health Professional – Level 3 better describe a Scientist, who may be in charge.

•  The Scientist Grade 4 descriptor in the Agreement describes a Scientist at this Level as being more senior to the Grade 3, and is the most senior Scientist referenced in the Agreement. A Grade 4 Scientist employed at this Level is highly experienced with a record of performing complex/critical work. The Modern Award Health Professional – Level 4 describes a Scientist who applies a high level of professional judgement and knowledge when performing a range of novel, complex and critical tasks. The HSU considers this a more accurate alignment than the HPSS Award Health Professional – Level 3 proposed by the Applicant because of the higher level of professional judgement and knowledge described at the HPPS Award Health Professional – Level 4.

[5] The Applicant’s representative subsequently advised the Commission that it did not object to the views put by the HSU in regard to the alignment of classifications.

[6] The HSU also made reference to the following Agreements in the context of sub clause 4.4 of the F 17 Employer’s Statutory Declaration.

•  It submits that the Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Multi-Enterprise Agreement 2008 - 2011 applies to Scientists employed by the Applicant in Western Health laboratories, located in the Footscray Hospital, the Sunshine Hospital and the Williamstown Hospital. The Applicant’s representative indicated in response that this Agreement applied to Scientists working in Western Health laboratories.

•  The HSU also submits that the Gippsland Pathology Service and HSUA and ANF Enterprise Agreement 2003 applies to Scientists employed by the Applicant in a number of public health service pathology laboratories in the Gippsland region, being those located at the Wonthaggi Hospital, the Leongatha Hospital, the West Gippsland Hospital (Warragul), the Latrobe Regional Hospital (Traralgon), the Sale Base Hospital, and the Bairnsdale Hospital, and has not ceased to operate at any stage. The Applicant’s representative indicated in response that this Agreement had been applied to employees working in the Gippsland region, however, it technically ceased to operate due to Division 4 of the Workplace Relations Act, and Part 4 of Schedule 9, in particular.

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

[8] The HSU, 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) I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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