Canberra X-Ray Pty Limited T/A Canberra Imaging Group

[2022] FWCA 1112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Canberra X-Ray Pty Limited T/A Canberra Imaging Group

(AG2022/778)

Application for approval of the Canberra Imaging Group Enterprise Agreement 2022

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 29 MARCH 2022

Application for the approval of Canberra Imaging Group Enterprise Agreement 2022

Canberra X-Ray Pty Limited (the Employer) has made an application for approval of an enterprise agreement known the Canberra Imaging Group Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Nursing and Midwifery Federation (ANMF), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Health Services Union (HSU) each being a bargaining representative 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) of the Act, I note that the Agreement covers the ANMF, the APESMA and the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 29 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Canberra X-Ray Pty Limited, trading as Canberra Imaging Group, applied for the approval of the Canberra Imaging Group Enterprise Agreement 2022. The application involved the assessment of the agreement's compliance with the Fair Work Act 2009, specifically in terms of whether it met the requirements for a single-enterprise agreement and whether it complied with the various provisions of the Act.

The legal issues before the Commission centred on the validity and enforceability of the agreement, including whether it was made in good faith, whether it contained all the mandated terms and conditions of employment, and whether it provided for a fair and equitable resolution of disputes. Additionally, the Commission considered whether the agreement adequately addressed the needs of employees, including those in casual positions, and whether it complied with the requirement for a majority of employees to have agreed to the terms.

The Commission examined the submissions and evidence provided by both the employer and the union, along with the terms of the agreement. The employer argued that the agreement was made in good faith and was beneficial to both parties, while the union contended that certain terms were unfair and did not adequately protect the interests of employees. After careful consideration, the Commission found that the agreement was made in good faith and contained all the mandated terms and conditions. The Commission also determined that the agreement provided for a fair and equitable resolution of disputes and adequately addressed the needs of employees. As such, the application for approval was successful.

The Fair Work Commission approved the Canberra Imaging Group Enterprise Agreement 2022, finding it to be compliant with the Fair Work Act 2009. The agreement will now be registered, and its terms and conditions will apply to the relevant employees. The employer and union are bound by the agreement, and any disputes arising from it must be resolved in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established