DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services (NSW) Pty Ltd T/A Healthcare Imaging Services
(AG2015/7846)

HEALTHCARE IMAGING SERVICES NSW ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 18 FEBRUARY 2016

Application for approval of the Healthcare Imaging Services NSW Enterprise Agreement 2015.

[1] On 23 December 2015 Healthcare Imaging Services (NSW) Pty Ltd T/A Healthcare Imaging Services (Applicant) made an application for approval of the Healthcare Imaging Services NSW Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union of Australia has indicated its acceptance of the undertakings.

[2] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[3] 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthcare Imaging Services (NSW) Pty Ltd, trading as Healthcare Imaging Services, applied for the approval of the Healthcare Imaging Services NSW Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around whether the agreement provided for appropriate pay and conditions, including minimum rates of pay, penalty rates, and other terms and conditions that were fair and reasonable.

The central legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement were fair and reasonable. This required the Commission to consider the balance of benefits and detriments for employees, the nature of the employment relationship, and the overall fairness of the agreement. The Commission also needed to assess whether the agreement met the specific criteria set out in the Fair Work Act, including provisions for minimum wages and penalty rates.

The Fair Work Commission determined that the Healthcare Imaging Services NSW Enterprise Agreement 2015 was fair and reasonable. The Commission found that the agreement provided for appropriate pay and conditions, including minimum rates of pay and penalty rates, and that these terms were fair and reasonable in the context of the employment relationship. The Commission considered the evidence presented by both parties and concluded that the agreement met the criteria for approval under the Fair Work Act.

The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for employees. The Commission's decision was based on its assessment of the evidence and its consideration of the balance of benefits and detriments for employees. The final orders included the approval of the Healthcare Imaging Services NSW Enterprise Agreement 2015, which would now be binding on the parties.

Healthcare Imaging Services (NSW) Pty Ltd T/A 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