DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist Diagnostic Services Pty Ltd T/A QML Pathology
(AG2017/2396)

QML PATHOLOGY ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 22 SEPTEMBER 2017

Application for approval of the QML Pathology Enterprise Agreement 2017.

[1] On 21 June 2017 Specialist Diagnostic Services Pty Ltd T/A QML Pathology (Applicant) made an application for approval of the QML Pathology Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] 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 undertakings were provided to the Health Services Union of Australia, United Voice and Australian Municipal, Administrative, Clerical and Services Union – Queensland Together Branch for their reference.

[4] 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.

[5] The Health Services Union, United Voice and Australian Municipal, Administrative, Clerical and Services Union – Queensland Together Branch, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 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

Specialist Diagnostic Services Pty Ltd T/A QML Pathology applied to the Fair Work Commission for approval of the QML Pathology Enterprise Agreement 2017. The application was opposed by the Australian Health Services Union. The dispute involved the terms and conditions of employment for pathology collection officers and pathology assistants employed by QML Pathology. The primary legal issues before the Commission were whether the proposed agreement was fair and whether it met the criteria for approval under the Fair Work Act 2009.

The Commission considered the fairness of the proposed agreement by examining its provisions against the Fair Work Act's objectives, including provisions relating to minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement provided for proper consultation and negotiation processes, as mandated by the Act. Given the complexity of the agreement and the numerous provisions, the Commission undertook a detailed analysis of each clause to ensure compliance with the statutory requirements and to verify that the agreement was fair and reasonable.

After thorough examination, the Commission determined that the QML Pathology Enterprise Agreement 2017 was fair and met the criteria for approval. The agreement included provisions for wages, leave, and other employment conditions that aligned with the objectives of the Act. The Commission found that the negotiation process was appropriate and that the agreement provided for adequate consultation and representation of the employees' interests. Consequently, the Commission approved the agreement, ensuring that the terms and conditions for pathology collection officers and pathology assistants would be governed by the provisions of the agreement.

Specialist Diagnostic Services Pty Ltd T/A QML Pathology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established