DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Envision Medical Imaging
(AG2015/1377)

ENVISION MEDICAL IMAGING ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2015

Application for approval of the Envision Medical Imaging Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Envision Medical Imaging Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Envision Medical Imaging. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 26 June 2015 and, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 25 June 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Envision Medical Imaging for approval of the Enterprise Agreement between the employer and its employees, specifically those covered under the agreement for the period 2015 to 2018. The primary dispute centred around whether the terms of the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, particularly the need for the agreement to ensure that it provides a fair and reasonable basis for determining the employment conditions of the covered employees.

The key legal issues addressed by the Commission included the adequacy of the agreement in terms of providing for minimum entitlements, ensuring fair and reasonable terms, and the process by which the agreement was made. The Commission examined whether the agreement contained terms that met the statutory obligations and whether the agreement was genuinely negotiated and not the result of any form of coercion or undue influence. Additionally, the Commission considered whether the process followed in reaching the agreement was compliant with the procedural fairness requirements set out in the Act.

In its decision, the Commission found that the proposed Enterprise Agreement was fair and reasonable, meeting all statutory requirements for approval. The Commission was satisfied that the agreement provided for minimum entitlements and contained terms that were fair and reasonable in all respects. The Commission also determined that the process of negotiation was compliant with procedural fairness and did not find any evidence of coercion or undue influence. Consequently, the application for approval was granted, and the agreement was approved as meeting the necessary criteria under the Fair Work Act 2009.

The final orders included the approval of the Enterprise Agreement, effective from the date specified in the agreement, with the understanding that it would operate as a registered agreement under the Fair Work Act 2009. This decision provides clarity for both the employer and employees regarding the terms of their employment for the specified period.

Envision Medical Imaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established