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

Printed by authority of the Commonwealth Government Printer

Benairn Pty Ltd, trading as Benson Radiology, applied to the Fair Work Commission for approval of the Benson Radiology Enterprise Agreement 2017. The dispute centred on the terms of the proposed agreement and whether it complied with the relevant legislative framework. The Fair Work Commission, with its statutory jurisdiction, was tasked with reviewing the agreement and determining its approval.

The primary legal issues the court needed to address were whether the agreement met the procedural requirements under the Fair Work Act 2009, and whether the terms of the agreement were fair and reasonable. The Commission examined the process by which the agreement was formed, including whether proper consultation had occurred and if employees had adequate opportunity to express their views. Additionally, the court considered whether the terms of the agreement provided fair and reasonable benefits, security of employment, and conditions of work for the employees.

The Fair Work Commission found that the agreement had been made in accordance with the necessary procedural requirements. The Commission concluded that the agreement provided fair and reasonable benefits, security of employment, and conditions of work for the employees. The Commission approved the Benson Radiology Enterprise Agreement 2017, finding it to be compliant with the relevant legislative framework. The approval ensured that the terms of the agreement would govern the employment relationship between Benairn Pty Ltd and its employees for the specified period.

Benairn Pty Ltd T/A Benson Radiology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established