DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Diagnostics (Australia) Pty Ltd T/A Global Diagnostics Australia
(AG2018/1324)

GLOBAL DIAGNOSTICS (AUSTRALIA) PTY LTD SONOGRAPHERS ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 10 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Global Diagnostics (Australia) Pty Ltd Sonographers 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 17 July 2018. The nominal expiry date of the Agreement is 16 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Global Diagnostics (Australia) Pty Ltd, trading as Global Diagnostics Australia, applied to the Fair Work Commission for approval of the Sonographers Enterprise Agreement 2018. The applicants and respondents were Global Diagnostics Australia and the Sonographers Association of Australia (NSW Division). The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the "better off overall test" (BOOT) and whether it adhered to the provisions of the Fair Work Act, particularly in terms of pay and conditions. The Commission had to assess whether the agreement provided employees with terms and conditions that were no worse than those provided under applicable awards or agreements, and whether it offered some employees terms and conditions that were better.

The Commission found that the proposed agreement met the BOOT as it provided for a total annual wage increase of 3%, which was considered fair and reasonable. The Commission also noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for leave, shift penalties, and other employment conditions. The Commission was satisfied that the agreement provided employees with terms and conditions that were at least no worse than those provided under the applicable award, and in some cases, better. Therefore, the Commission approved the Sonographers Enterprise Agreement 2018.

The Fair Work Commission approved the Sonographers Enterprise Agreement 2018, subject to certain conditions. The agreement was to be registered and would commence on the first day of the first pay period occurring after the registration. The Commission also ordered that the agreement would remain in force until 31 March 2022 or until terminated in accordance with its terms. The approval of the agreement provides for a stable and predictable industrial relations environment for Global Diagnostics Australia and its employees.

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