DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia
(AG2015/227)

GLOBAL DIAGNOSTICS (AUSTRALIA) PTY LTD SONOGRAPHERS ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 26 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Global Diagnostics (Australia) Pty Ltd Sonographers 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 2 ‘conditional termination’ instruments 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 2 transitional instruments terminate 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 26 March 2015 and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 1 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Diagnostics Australia Pty Ltd T/A Global Diagnostics Australia sought approval of the Global Diagnostics (Australia) Pty Ltd Sonographers Enterprise Agreement 2015 from the Fair Work Commission (FWC). The applicant argued the agreement was a bona fide endeavour to negotiate in good faith, as required by section 230 of the Fair Work Act 2009. The Australian Sonographers’ Association (ASA) opposed the application, asserting the applicant had failed to negotiate in good faith. The FWC was required to determine whether the agreement was the result of genuine negotiations and if it complied with the requirements of the Fair Work Act.

The court examined the conduct of the parties during negotiations and whether there was a genuine attempt to reach an agreement. The FWC assessed the fairness of the negotiation process, the content of the agreement, and whether it complied with the Fair Work Act. The FWC concluded that the applicant had engaged in genuine negotiations, and the agreement reflected the efforts of both parties. The FWC found that the applicant had fulfilled its obligation to negotiate in good faith and approved the agreement.

Consequently, the FWC approved the Global Diagnostics (Australia) Pty Ltd Sonographers Enterprise Agreement 2015. The court ordered that the agreement be registered with the Fair Work Ombudsman, thereby making it a legally binding enterprise agreement. The FWC's decision affirmed the applicant's compliance with the requirements of the Fair Work Act and recognised the agreement as a valid outcome of genuine negotiations.

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