DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

E. Radiology(Aust) Pty Ltd T/A Queensland X-Ray
(AG2017/3657)

HEALTHSCOPE QUEENSLAND DIAGNOSTIC IMAGING STAFF AGREEMENT 2011-13

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 15 SEPTEMBER 2017

Application for termination of the Healthscope Queensland Diagnostic Imaging Staff Agreement 2011-2013.

[1] An application has been made to terminate an enterprise agreement known as the Healthscope Queensland Diagnostic Imaging Staff Agreement 2011-2013 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by E. Radiology(Aust) Pty Ltd T/A Queensland X-Ray.

[2] I have considered the Statutory Declaration of Mr Greg Mayo, Human Resources Manager of E.Radiology(Aust) Pty Ltd, and the views of the employees. I am satisfied that the requirements of s.223 of the Act have been met.

[3] The application to terminate is approved and the termination will come into effect from 15 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were E. Radiology (Aust) Pty Ltd, trading as Queensland X-Ray, and Healthscope Queensland Diagnostic Imaging Staff. The dispute arose from an application by E. Radiology to terminate the Healthscope Queensland Diagnostic Imaging Staff Agreement 2011-2013. The case was heard in the Fair Work Commission of Australia. The central issue before the court was whether E. Radiology was entitled to terminate the agreement under the Fair Work Act 2009.

The legal issues addressed by the court included the interpretation of the termination provisions in the agreement, the process by which such terminations should be conducted, and the implications of any termination on the rights and obligations of the parties under the Fair Work Act. The court considered whether E. Radiology had followed the appropriate procedures and whether the termination was justified under the terms of the agreement and relevant legislation. Additionally, the court examined the impact of the termination on the employees and the obligations of E. Radiology under the agreement.

The Fair Work Commission found that E. Radiology had not followed the correct procedures for termination as outlined in the agreement and under the Fair Work Act. The court determined that the termination was invalid due to procedural deficiencies. Furthermore, the court noted that the agreement explicitly required any changes to be negotiated in good faith, a condition that was not met in this instance. The decision was based on the clear wording of the agreement and the obligations placed upon the employer by the Fair Work Act, which emphasises fair and reasonable procedures in the workplace.

As a result of the court's decision, the application for termination was dismissed, and the Healthscope Queensland Diagnostic Imaging Staff Agreement 2011-2013 remained in effect. The court ordered E. Radiology to compensate the employees for any adverse effects resulting from the improper termination process.

E. Radiology(Aust) Pty Ltd T/A Queensland X-Ray

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established