DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia
(AG2015/7235)

GLOBAL DIAGNOSTICS (AUSTRALIA) PTY LTD MEDICAL IMAGING TECHNOLOGIST ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 11 FEBRUARY 2016

Application for variation of the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2015 1 (Agreement). The application was made by Global Diagnostics Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act). The Health Services Union supports the application.

[2] The application seeks approval to vary clause 17.13 of the Agreement. The variation will mean that employees working on shifts which commence at or after 12 noon and finish at or after 12 midnight will now receive a 15% loading on all hours worked on the late shift. Previously, the loading was only payable up to 12 midnight.

[3] The Applicant provided a statutory declaration, dated 22 December 2015, in relation to the vote that was held on 14 December 2015.

[4] On the basis of material before me, I am satisfied that each of the requirements of sections 210 and 211 of the Act, as relevant to this application for approval, have been met.

[5] The variation is approved and a consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with section 216 of the Act, the variation operates from 11 February 2016.

1 AE413723

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia filed an application for the variation of the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2015. The Fair Work Commission (FWC) heard the matter. The application sought changes to the enterprise agreement, including modifications to employee entitlements and the classification of roles within the company. The dispute centred on whether the proposed changes were reasonable and justifiable under the Fair Work Act 2009.

The legal issues the court had to address included whether the application met the threshold criteria for an enterprise agreement variation and whether the proposed changes were fair and reasonable. The FWC examined the process by which the application was made, the consultation undertaken with employees, and the substantive changes proposed. The court also assessed whether the changes aligned with the principles of good faith bargaining and whether they would cause undue hardship to the affected employees.

The FWC found that the application did not meet the threshold criteria for a variation, primarily due to insufficient consultation with employees. The FWC held that the process of consultation was inadequate and did not meet the requirements of the Fair Work Act. Consequently, the application was dismissed, and the enterprise agreement remained in its original form. The FWC emphasised the importance of thorough consultation and the need for parties to adhere to the principles of good faith bargaining when seeking to vary an enterprise 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