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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Healthcare Imaging Services Pty Ltd, trading as HIS, and the Australian Health Services Union. The dispute arose from an application for the approval of the Healthcare Imaging Services (NSW) Enterprise Agreement 2018. The application was brought before the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement in question met the necessary standards for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without the influence of any improper conduct.

The Fair Work Commission considered the submissions from both parties and examined the contents of the proposed agreement. The Commission found that the agreement did meet the required standards. It provided for fair and reasonable terms and conditions of employment, and was made in good faith. The Commission also noted that the agreement contained provisions that went beyond the minimum entitlements required by the National Employment Standards, which was indicative of good faith bargaining. The application was therefore approved.

The final order of the Fair Work Commission was that the Healthcare Imaging Services (NSW) Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the Commission's decision.

Healthcare Imaging Services Pty Ltd T/A HIS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established