DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia
(AG2015/904)

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

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 30 APRIL 2015

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

[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 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia (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) of the Act I note that the Agreement covers the organisation.

[4] I note that the application for approval was accompanied by 1 ‘conditional termination’ instrument made pursuant to subitem 18(3) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (TPCA Act). In accordance with subitem 18(8), the transitional instrument terminates when the Agreement comes into operation if the requirements of subitems 18(2) to (5) of Schedule 3 to the TPCA Act have been complied with. There is nothing in the material before me to indicate that those requirements have not been met.

[5] The Agreement was approved in Chambers on 30 April 2015 and, in accordance with s.54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 6 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Diagnostics Australia Pty Ltd, trading as Global Diagnostics Australia, filed an application for approval of the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement, which contained provisions relating to various aspects of employment including wages, conditions, and dispute resolution, complied with the legal standards for enterprise agreements.

The primary legal issues for the Commission to address were whether the agreement had been made in good faith, whether it provided for a fair and efficient way of determining terms and conditions, and whether it adhered to the procedural requirements set out in the Act. Furthermore, the Commission had to consider whether the agreement was fair and appropriate, taking into account the general principles of fairness and the need to avoid undue hardship on employers and employees.

In deliberating on the application, the Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The Commission also assessed whether the terms of the agreement were reasonable and did not undermine the public interest or the health and safety of employees. Upon finding that the agreement had been negotiated in good faith and met all statutory requirements, the Commission approved the agreement, noting that it provided a fair and efficient means of determining employment terms and conditions. The decision concluded that the agreement was appropriate and did not cause undue hardship to either party.

The final orders of the Commission were that the Global Diagnostics (Australia) Pty Ltd Medical Imaging Technologist Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of registration. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the relevant employees until superseded by a new agreement or terminated in accordance with the Act.

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