Healthcare Imaging Services Pty Ltd T/A HIS

[2019] FWCA 2501

[2019] FWCA 2501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services Pty Ltd T/A HIS
(AG2018/5986)

HEALTHCARE IMAGING SERVICES (NSW) ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 11 APRIL 2019

Application for approval of the Healthcare Imaging Services (NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services (NSW) 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 Healthcare Imaging Services Pty Ltd T/A HIS. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.2.

[4] However, noting clause 5.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement was approved on 11 April 2019 and, in accordance with s.54, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

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