ENTERPRISE AGREEMENTS – workplace determination – ss.266, 424 Fair Work Act 2009 – Full Bench – industrial action related workplace determination – Specialist Diagnostic Services P/L t/a Dorevitch Pathology (Dorevitch) is currently covered by the Mayne Health Dorevitch Pathology Certified Agreement 2004 (2004 Agreement) – the nominal expiry date of the 2004 Agreement was 1 July 2007 – Dorevitch, the Health Services Union of Australia (HSU) and the Australian Nursing and Midwifery Federation (ANMF) have been engaged in periodic bargaining for a proposed replacement agreement – a period of bargaining which occurred in 2009-2010 but which did not result in any agreement being reached – a new round of bargaining commenced in 2016 and continued into 2017, during which employees of Dorevitch took protected industrial action – on 23 August 2017, the Minister for Industrial Relations for Victoria made an application under s.424 of the FW Act in relation to industrial action being engaged in by Dorevitch and the HWU – on 25 August 2017, the Commission made an interim order [PR595602] (Suspension Order) pursuant to s.424(4) to suspend the protected industrial action until further order of the Commission – on 4 September 2017, the Commission made an order pursuant to s.424(1) [PR595823] (Termination Order) to terminate the industrial action, on the basis that pathology services were a critical component of the delivery of health services and that the industrial action would threaten to endanger the life, personal safety, health or welfare of a part of the population through the limitation on the availability of pathology services [[2017] FWC 4610] – s.266(1) provides for the arbitration of outstanding bargaining issues through the making of a ‘workplace determination’ – the ‘post-industrial action negotiating period‘ defined in s.266(3) is a period of 21 days after the date the relevant termination of industrial action instrument was made – in this case, the post-industrial action negotiating period was extended by the Commission to 42 days, and ended on 16 October 2017 – at the end of the post-industrial action negotiation period on 16 October 2017, Dorevitch, the HSU and ANMF had not settled all of the matters that were at issue during bargaining for the agreement – accordingly, the Commission was required to make a workplace determination which resolved the outstanding issues in accordance with the provisions of the FW Act – the parties filed a number of draft workplace determinations setting out their respective positions on a wide range of issues which were the subject of dispute during bargaining – a large number of terms appearing in each party’s draft determination were agreed – a number of matters were not agreed – draft workplace determination to give effect decision of Full Bench provided to the parties – Dorevitch, the HSU and the ANMF are directed to confer and file any submissions on or before 24 September 2018 – Full Bench intend to make the final determination shortly thereafter. Specialist Diagnostic Services P/L t/a Dorevitch Pathology Workplace Determination
