DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT X-Ray Services Pty Ltd T/A Canberra Imaging Group
(AG2018/35)

CANBERRA IMAGING GROUP ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the Canberra Imaging Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Imaging Group Enterprise Agreement 2017 (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 trading as Canberra Imaging Group. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 13 June 2018. The nominal expiry date of the Agreement is 12 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, ACT X-Ray Services Pty Ltd, trading as Canberra Imaging Group, sought approval of the Canberra Imaging Group Enterprise Agreement 2017. This application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement should be approved and registered. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically concerning the rights and obligations of the employees under the proposed terms.

The primary legal issue the Commission was required to decide was whether the proposed agreement met the criteria for approval as outlined in the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms, including provisions for wages, hours of work, and other conditions of employment. The Commission also had to consider whether the agreement was made in good faith and without coercion, as well as whether it provided for the resolution of any disputes that might arise under the agreement.

In reaching its decision, the Commission examined the submissions and evidence provided by both the applicants and the employees' representatives. The Commission noted that the agreement included provisions for minimum wage rates, overtime, and other employment conditions that were largely consistent with the relevant award. The Commission was satisfied that the agreement had been made in good faith and without any element of coercion. Furthermore, the agreement included mechanisms for the resolution of disputes, which the Commission found to be adequate. Based on these considerations, the Commission concluded that the agreement met the criteria for approval and was in the best interests of the employees.

The Fair Work Commission approved the Canberra Imaging Group Enterprise Agreement 2017 and ordered that it be registered. The decision was made on the basis that the agreement provided fair and reasonable terms and conditions of employment, was made in good faith, and included adequate dispute resolution mechanisms. The approval and registration of the agreement were intended to provide certainty and stability to the employment relationship between the applicants and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established