Benairn Pty Ltd T/A Benson Radiology

[2018] FWCA 3378

[2018] FWCA 3378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Benairn Pty Ltd T/ABenson Radiology
(AG2018/153)

BENSON RADIOLOGY ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 12 JUNE 2018

Application for approval of the Benson Radiology Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Benson Radiology 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 Benairn Pty Ltd trading as Benson Radiology (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Adelaide on 18 January 2018. On 21 May 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Renee Draper made on behalf of the Employer and dated 16 January 2018 (the Declaration). The Declaration stated that the Agreement was made on 12 January 2018. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 12 June 2018. I note that the file has included a Statutory Declaration of Jocelyn Douglass made on behalf of the Australian Nursing and Midwifery Federation (ANMF), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Jorge Navas made on behalf of the Health Services Union (HSU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 11.

[6] 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.

[7] The ANMF and the HSU, being bargaining representatives for the Agreement, have each given notice under s. 183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ANMF and the HSU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 19 June 2018. The nominal expiry date of the Agreement as specified in clause 3.2 of the Agreement, is 12 June 2021.

COMMISSIONER

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