Application for approval of the Australian Clinical Labs (Victoria) Pathology Enterprise Agreement 2025 - 2026

[1] Clinical Laboratories Pty Ltd (ABN: 62 006 823 089) has applied for approval of an enterprise agreement known as the Australian Clinical Labs (Victoria) Pathology Enterprise Agreement 2025 - 2026 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] The employer issued the Notice of Employee Representational Rights on its letterhead and therefore did not comply with s 174(1A). Aside from the Notice being on the employer's letterhead, there were no substantive differences in the content of the Notice. I am satisfied that this is a minor procedural error and I disregard it in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 22 - Withholding monies at termination

• Clause 61 - Compassionate leave

[5] Clause 4.2 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Employer has provided written undertakings. 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.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 October 2025.

[10] In accordance with clause 3.1, the nominal expiry date of the Agreement is 30 September 2026.

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