DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services Vic Pty Ltd
(AG2014/9772)

HEALTHCARE IMAGING SERVICES - THE AVENUE RADIOLOGY & MRI ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 DECEMBER 2014

Application for approval of the Healthcare Imaging Services - The Avenue Radiology & MRI Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services - The Avenue Radiology & MRI 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 Vic Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has 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 11 December 2014. The nominal expiry date of the Agreement is 1 September 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

The applicant, Healthcare Imaging Services Vic Pty Ltd, sought approval of the Healthcare Imaging Services – The Avenue Radiology & MRI Enterprise Agreement 2014 from the Fair Work Commission. The agreement was put forward by the employer to cover its employees working at The Avenue Radiology & MRI. The primary dispute revolved around the terms of the enterprise agreement, specifically those concerning pay rates, classifications, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it contained the required minimum terms as stipulated by the Fair Work Act 2009, and whether it complied with the procedural requirements for such agreements. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees covered by it. The employer argued that the agreement was the result of genuine negotiations and contained all necessary minimum terms, while the employee representatives contended that certain provisions did not meet the statutory requirements.

The Commission found that the agreement was indeed the product of genuine negotiations between the parties. It noted that all required minimum terms were present in the agreement and that the agreement was beneficial to the employees. The Commission also determined that the procedural requirements for the agreement had been met. Therefore, the application for approval of the Healthcare Imaging Services – The Avenue Radiology & MRI Enterprise Agreement 2014 was successful.

The Fair Work Commission approved the enterprise agreement, deeming it to be fair and meeting all statutory requirements. The agreement was certified and came into effect as of the date of the Commission's decision.

Healthcare Imaging Services Vic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established