DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Diagnostics (Australia) Pty Ltd T/A Global Diagnostics Australia
(AG2018/1555)

GLOBAL DIAGNOSTICS (AUSTRALIA) PTY LTD MEDICAL IMAGING TECHNOLOGIST ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2018

Application for approval of the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Global Diagnostics (Australia) Pty Ltd T/A Global Diagnostics Australia. 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 Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2018. The nominal expiry date of the Agreement is 8 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2018. The applicant, Global Diagnostics, sought the Commission’s approval of the agreement as a low-paid industry agreement. The applicant argued that the agreement, which had been registered by the Registrar of the Fair Work Commission, should be certified as a low-paid industry agreement due to the nature of the work and the wages of the employees covered by the agreement.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval as a low-paid industry agreement under the Fair Work Act 2009. The applicant had to demonstrate that the agreement was appropriate for the low-paid industry and that it was in the interests of the employees. The Commission had to consider the nature of the work, the wages of the employees, and whether the agreement provided adequate protections for employees in the industry. The Commission also had to consider whether the agreement was consistent with the principles of the Fair Work Act.

In determining whether the agreement met the criteria for approval, the Commission considered the nature of the work and the wages of the employees. The Commission found that the employees covered by the agreement were predominantly employed in low-paid roles within the medical imaging industry. The Commission also found that the wages of the employees were consistent with the low-paid nature of the industry. The Commission considered the provisions of the agreement and found that they provided adequate protections for employees in the industry. The Commission also found that the agreement was consistent with the principles of the Fair Work Act. Based on these findings, the Commission approved the agreement as a low-paid industry agreement.

The Fair Work Commission approved the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2018 as a low-paid industry agreement. The Commission found that the agreement was appropriate for the low-paid industry and that it was in the interests of the employees. The Commission noted that the agreement provided adequate protections for employees in the industry and was consistent with the principles of the Fair Work Act. The Commission's decision provides guidance for other employers and employees in the medical imaging industry regarding the requirements for a low-paid industry agreement.

Global Diagnostics (Australia) Pty Ltd T/A Global Diagnostics Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established