Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories Pty Ltd & Clinpath Pathology

THE CLINPATH LABORATORIES ENTERPRISE AGREEMENT 2025

Application for approval of The Clinpath Laboratories Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as The Clinpath Laboratories Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clinpath Laboratories Pty Ltd T/A Clinpath Laboratories Pty Ltd & Clinpath Pathology (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which 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 requirement of ss 186, 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.

[4] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clause 33A of the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• Personal leave - notification: Clause 34.1 of the Agreement provides that 'an employee shall, wherever practical, inform Clinpath of their inability to attend work prior to the commencement of absence due to injury or illness or carer's responsibilities.' Also, if possible, the employee should state the estimated duration of the absence. This clause appears to provide a more stringent notice requirement than permitted by s.107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

• Withholding monies at termination: Clause 46.5 of the Agreement provides 'if an employee who is at least 18 years old fails to give the required notice under Clause 46.4, Clinpath may, upon an employee's authorisation, withhold from any monies due to the employee on termination under this Agreement or the Act, being an amount not exceeding one week's wages, under this Agreement in respect of the period of notice required less any period of notice actually given by the employee.' The effect of this clause is it appears to permit the employer to withhold monies owing to the employee under the NES (such as accrued but unused annual leave or long service leave on termination or redundancy payments). This raises the issue that Clause 46.5 of the Agreement may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

[6] Noting clause 1.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the HSU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 6 January 2026. The nominal expiry date of the Agreement is 1 March 2028.

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