DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT X-Ray Services Pty Ltd T/A Canberra Imaging Group
(AG2014/11037)

CANBERRA IMAGING GROUP ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 MARCH 2015

Application for approval of the Canberra Imaging Group Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Imaging Group Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACT X-Ray Services Pty Ltd T/A Canberra Imaging Group. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from ACT X-Ray Services Pty Ltd T/A Canberra Imaging Group. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

ACT X-Ray Services Pty Ltd, trading as Canberra Imaging Group, applied for approval of the Canberra Imaging Group Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which had to determine whether the agreement was in the interests of the employees and met the criteria for approval under the Fair Work Act 2009. The application was opposed by the Health Services Union of Australia (HSU), which argued that the agreement did not adequately protect employees’ conditions and entitlements.

The legal issues before the Commission involved assessing the agreement against the statutory requirements for approval. Key considerations included whether the agreement provided fair and reasonable terms and conditions of employment, and if it was consistent with the principles of the Fair Work Act, particularly those relating to procedural fairness, good faith bargaining, and the protection of employees' rights. The Commission also needed to examine whether the agreement met the criteria for being a genuine enterprise agreement, including that it was made in good faith and covered a genuine enterprise.

The Commission found that the agreement provided fair and reasonable terms and conditions of employment. It considered the evidence presented by both parties and concluded that the agreement met the statutory requirements for approval. The Commission noted that the agreement included provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms, which were in line with industry standards and the broader context of the workplace. Additionally, the Commission was satisfied that the agreement was made in good faith and represented a genuine enterprise agreement. Therefore, the application was approved.

The Commission's final order was that the Canberra Imaging Group Enterprise Agreement 2014 be approved, effective from the date of the decision. This decision ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees, providing a framework for their employment relationship.

ACT X-Ray Services Pty Ltd T/A Canberra Imaging Group

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established