Epworth Medical Imaging Pty Ltd T/A Epworth Medical Imaging

[2024] FWCA 2421

[2024] FWCA 2421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epworth Medical Imaging Pty Ltd T/A Epworth Medical Imaging

(AG2024/2104)

EPWORTH MEDICAL IMAGING SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 28 JUNE 2024

Application for approval of the Epworth Medical Imaging Support Services Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Epworth Medical Imaging Support Services Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epworth Medical Imaging Pty Ltd T/A Epworth Medical Imaging. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The HSU support approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 16.6 – Casual Employment; and

·           Clause 43.1 – Public Holidays.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 28 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A