Healthcare Imaging Services Pty Ltd T/A Lumus Imaging Summary

[2023] FWCA 1390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthcare Imaging Services Pty Ltd T/A Lumus Imaging

(AG2023/1122)

LUMUS IMAGING NSW AND ACT ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 15 MAY 2023

Application for approval of the Lumus Imaging NSW and ACT Enterprise Agreement 2023.

Healthcare Imaging Services Pty Ltd T/A Lumus Imaging (the Employer) has made an application for the approval of the Lumus Imaging NSW and ACT Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ANMF and HSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2023. The nominal expiry date of the Agreement is 30 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Healthcare Imaging Services Pty Ltd T/A Lumus Imaging, the Fair Work Commission was tasked with approving the Lumus Imaging NSW and ACT Enterprise Agreement 2023. The application for approval came before the Commission as a matter of ensuring that the agreement met the requisite standards under the Fair Work Act 2009. The dispute centred around whether the enterprise agreement complied with the legislative requirements, particularly those concerning minimum entitlements and the bargaining process.

The legal issues that the Commission was required to address included whether the agreement had been made in accordance with the prescribed bargaining processes, if the agreement provided for the minimum entitlements as required by law, and whether the agreement had been fairly negotiated. Additionally, the Commission needed to consider whether the agreement included appropriate dispute resolution mechanisms and if it met the standard of being in the best interests of the employees.

In delivering its decision, the Commission carefully examined the bargaining records and the terms of the agreement itself. The Commission found that the agreement had been fairly negotiated and contained provisions that met the minimum standards stipulated by the Fair Work Act. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms and that it was in the best interests of the employees. After thorough consideration of the evidence and arguments presented, the Commission approved the Lumus Imaging NSW and ACT Enterprise Agreement 2023.

The Commission's approval of the enterprise agreement was based on its finding that the agreement was in compliance with all relevant legislative requirements. The Commission's decision underscores the importance of ensuring that enterprise agreements meet the standards set by the Fair Work Act, thereby protecting the rights and interests of employees.

Healthcare Imaging Services Pty Ltd T/A Lumus Imaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established