DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist Diagnostic Services Pty Ltd T/A Western Diagnostic Pathology; Vetpath Laboratory Services
(AG2017/4068)

WESTERN DIAGNOSTICS PATHOLOGY COURIERS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialist Diagnostic Services Pty Ltd T/A Western Diagnostic Pathology; Vetpath Laboratory Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 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, trading as Western Diagnostic Pathology, and Vetpath Laboratory Services applied to the Fair Work Commission for the approval of the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2017. The application involved several parties, including the applicant employers, the applicant union, and other unions and employer associations that were interested in the agreement. The primary dispute centred on whether the proposed enterprise agreement met the legal standards and requirements set forth by the Fair Work Act 2009.

The court had to decide if the agreement was a "better off overall test" (BOOT) compliant agreement, meaning that the employees would be no worse off and at least some would be better off financially and in terms of conditions compared to their previous entitlements. This involved an analysis of the proposed wages, conditions, and other terms and conditions in the agreement against the relevant award and existing agreements. The court also needed to assess if the agreement was made in good faith and if it adhered to the procedural requirements under the Act.

The Fair Work Commission approved the application, finding that the agreement satisfied all the legal criteria. The Commission determined that the proposed terms and conditions provided for a fair and reasonable outcome for the employees, with the agreement meeting the BOOT. The Commission also confirmed that the agreement was made in good faith and followed the necessary procedures. The decision was based on a comprehensive review of the evidence presented by the parties and the application of the relevant legal principles.

The final orders of the Commission included the approval of the Western Diagnostic Pathology Couriers’ Enterprise Agreement 2017, which would now apply to the relevant employees and employers. The agreement was to be registered with the Fair Work Commission, and the parties were directed to provide a copy of the approved agreement to the Commission within the specified timeframe.

Specialist Diagnostic Services Pty Ltd T/A Western Diagnostic Pathology; Vetpath Laboratory Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established