DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist Diagnostic Services Pty Ltd T/A Western Diagnostic Pathology; Vetpath Laboratory Services
(AG2017/4203)

WESTERN DIAGNOSTICS PATHOLOGY & VETPATH HEALTH SERVICES UNION ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 12 JANUARY 2018

Application for approval of the Western Diagnostic Pathology & Vetpath Health Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Diagnostic Pathology & Vetpath Health 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Health Services 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2018. 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 have applied to the Fair Work Commission for approval of the Western Diagnostic Pathology and Vetpath Health Enterprise Agreement 2017. The application involves determining whether the agreement meets the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement provided for the appropriate minimum entitlements for employees and whether the agreement had been made in accordance with the procedural requirements of the Act. The court had to consider whether the agreement met the criteria for approval as per section 232 of the Fair Work Act, including whether it provided for fair and reasonable minimum terms and conditions, and whether the agreement was genuinely negotiated and made in good faith.

The court examined the provisions of the agreement and assessed whether they provided for terms and conditions that were at least equal to or better than the applicable modern awards. The court also evaluated the procedural fairness of the agreement-making process, including whether there was genuine negotiation and good faith efforts by both parties. The court found that the agreement provided for terms and conditions that were not less favourable than the relevant modern awards and that the process of agreement-making had been conducted in good faith with genuine negotiation. Consequently, the court approved the application and authorised the agreement.

The court’s decision was based on the thorough evaluation of the agreement’s provisions and the agreement-making process. The final orders of the court approved the Western Diagnostic Pathology and Vetpath Health Enterprise Agreement 2017, affirming its compliance with the requirements of the Fair Work Act. The agreement was authorised to be in effect from the date of the decision and was to be applied to the employees covered by the agreement.

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