Application for approval of the San Pathology All Staff Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement to be known as the San Pathology All Staff Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by San Pathology Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

[3] The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. The Employer also provided an undertaking adopting the model flexibility term. A copy of the model flexibility term is attached in Schedule C of the Agreement.

[4] The Agreement does not contain a delegates' rights term, as required by s.205A(1) of the Act. The Employer attempted to resolve this issue by incorporating a new term with an undertaking, but the term was less favourable than the Health Professionals and Support Services Award 2020 and the Nurses Award 2020. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement. A copy of the workplace delegates' rights term is attached in Schedule D of the Agreement.

[5] The Employer provided written undertakings to address certain Better off Overall Test (BOOT) and National Employment Standards (NES) issues. A copy of these undertakings is attached in Schedule B of the Agreement. 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. The undertakings are taken to be a term of the Agreement.

[6] The Health Services Union (HSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[8] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2025. The nominal expiry date of the Agreement is 1 July 2028.

Printed by authority of the Commonwealth Government Printer