Benairn Pty Ltd ATF Benairn Unit Trust Trading as Benson Radiology

[2025] FWCA 1285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Benairn Pty Ltd ATF Benairn Unit Trust Trading as Benson Radiology

(AG2025/668)

BENSON RADIOLOGY ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 17 APRIL 2025

Application for approval of the Benson Radiology Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Benson Radiology Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Benairn Pty Ltd ATF Benairn Unit Trust Trading as Benson Radiology. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.4.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2025. The nominal expiry date of the Agreement is 30 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Benairn Pty Ltd ATF Benairn Unit Trust, trading as Benson Radiology, which sought approval of the Benson Radiology Enterprise Agreement 2025. The matter was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided adequate protections for employees. The respondents argued that the agreement did not sufficiently address certain conditions and entitlements, while Benson Radiology contended that the agreement was fair and reasonable.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any discriminatory provisions. The court also needed to assess if the agreement adequately protected the rights and interests of the employees, including provisions on wages, hours of work, and other employment conditions. Additionally, the court examined whether the agreement had been subject to genuine bargaining between the employer and the employees' representatives.

After thorough examination of the evidence and submissions, the Fair Work Commission found that the Benson Radiology Enterprise Agreement 2025 was fair and reasonable. The court determined that the agreement provided adequate protections for employees and complied with the statutory requirements. The Commission highlighted that the agreement had been subject to genuine bargaining and that it included provisions that were fair and reasonable in all aspects. The Commission approved the agreement, noting that it met the necessary standards for fair work legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established