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[2026] FWC 1211
General information, not legal advice.
Fair Work Commission
2026-04-09
Original judgment source is linked above.
s.185 - Enterprise agreement
Healius Pathology Pty Ltd Trading AS Laverty Pathology
HEALIUS PATHOLOGY PTY LTD T/A LAVERTY PATHOLOGY (NSW AND ACT) ENTERPRISE AGREEMENT 2025
Application for the Approval of the Healius Pathology Pty Ltd T/A Laverty Pathology (NSW and ACT) Enterprise Agreement 2025 - Application is Approved.
[1] Pursuant to s 185 of the Fair Work Act 2009 ('Act'), an application has been made by Healius Pathology Pty Ltd T/A Laverty Pathology ('Applicant') for approval of a single enterprise agreement, known as the the Healius Pathology Pty Ltd T/A Laverty Pathology (NSW and ACT) Enterprise Agreement 2025 ('Agreement').
[2] The Applicant has filed written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement and are annexed to the Agreement, marked 'Annexure A'.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186 - 188 and 190 of the Act are relevant to this application for approval have been met.
[4] The Agreement contains a delegates' rights term in clause 38 which I consider is less favourable than the delegates' rights clause which now appears in clause 33A of Health Professionals and Support Services Award 2020 ('Award'). As a result, the workplace delegates' rights term appearing in clause 33A of the Award is taken to be a term of the Agreement in accordance with s 205A of the Act.
[5] The Agreement contains a NES precedence clause found at cl 6. This clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.
[6] The Health Services Union is the bargaining representative for the Agreement and have given notice under s 183 of the Act that they seek coverage by the Agreement. Accordingly, pursuant to s 201(2) of the Act, I confirm that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 April 2026. The nominal expiry date of the Agreement is 30 June 2028.
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