[2014] FWCA 9266

The attached document replaces the document previously issued with the above code on 18 December 2014

The title of the Agreement had a typographical error, which is now corrected.

Bronwyn Corless

Associate to Deputy President Hamilton

Dated: 18 December 2014

[2014] FWCA 9266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services
(AG2014/10090)

HEALTHCARE IMAGING SERVICES - ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Healthcare Imaging Services - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthcare Imaging Services. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] The agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 December 2014. The nominal expiry date of the Agreement is 24 December 2017.

[6]
The Health Services Union 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthcare Imaging Services lodged an application for approval of the Healthcare Imaging Services - Enterprise Agreement 2014. The applicant sought the Fair Work Commission's (FWC) approval of the agreement under section 231 of the Fair Work Act 2009. The dispute arose between Healthcare Imaging Services and their employees who were represented by the Health Services Union of Australia. The FWC was tasked with determining whether the agreement met the criteria for approval.

The legal issues the FWC was required to decide included whether the agreement contained the mandatory provisions as set out in the Fair Work Act, whether the agreement had been made in good faith, and whether it complied with the requirements of the Better Off Overall Test (BOOT). The FWC also had to consider the evidence presented by both parties and whether the agreement provided for a fair and efficient workplace.

In reaching its decision, the FWC carefully examined the agreement and the evidence presented by both parties. The FWC found that the agreement contained all the mandatory provisions and was made in good faith. The FWC also concluded that the agreement met the requirements of the BOOT, as it provided for a fair and efficient workplace. The FWC took into account the evidence presented by both parties and considered the impact of the agreement on the employees.

The FWC approved the Healthcare Imaging Services - Enterprise Agreement 2014, subject to certain conditions. The conditions included the requirement that the agreement be registered with the Australian Industrial Registry and that any changes to the agreement be made in accordance with the Fair Work Act. The FWC's decision was based on its finding that the agreement met the criteria for approval and provided for a fair and efficient workplace.

Healthcare Imaging Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established