DECISION

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

Envision Medical Imaging Pty Ltd
(AG2019/2694)

ENVISION MEDICAL IMAGING ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 09 OCTOBER 2019

Application for approval of the Envision Medical Imaging Enterprise Agreement 2019.

[1] Envision Medical Imaging Pty Ltd has made an application for the approval of an enterprise agreement known as the Envision Medical Imaging Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 9 October 2019 and, in accordance with s 54, will operate from 16 October 2019. The nominal expiry date of the Agreement is 9 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Envision Medical Imaging Pty Ltd, an employer, applied for approval of the 2019 Enterprise Agreement with its employees. The employees were represented by the Health Services Union of Australia (HSU). The application was heard by the Fair Work Commission (FWC) and the matter involved assessing the fairness of the proposed agreement under the Fair Work Act 2009. The central legal issue before the FWC was whether the agreement met the 'better off overall test' (BOOT) as stipulated in the Act, ensuring that no employee would be worse off in terms of their overall pay and conditions. The FW considered whether the proposed changes in pay and conditions provided a net benefit to the employees, balancing any detriments against the advantages offered. The FWC examined the specific terms of the agreement, including wage increases, working conditions, and any other relevant provisions. After reviewing the evidence and submissions from both parties, the FWC determined that the agreement satisfied the BOOT. The decision noted that the proposed changes in the agreement, while involving some modifications to working conditions, provided sufficient overall benefits to the employees in terms of wage increases and other compensatory measures. The FWC approved the agreement, finding it met the legislative criteria for fairness and was thus in the best interests of the employees. The final orders included the approval of the 2019 Enterprise Agreement, with specific conditions ensuring that the agreement was implemented in accordance with the terms set out in the approval.

Envision Medical Imaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established