DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS)
(AG2018/1281)

HEALTHCARE IMAGING SERVICES – THE AVENUE - RADIOLOGY AND MRI ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 12 NOVEMBER 2018

Application for approval of the Healthcare Imaging Services - The Avenue - Radiology and MRI Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services - The Avenue - Radiology and MRI 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 (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2018. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Healthcare Imaging Services (Victoria) Pty Ltd, trading as Healthcare Imaging Services (HIS), applied to the Fair Work Commission for the approval of the Healthcare Imaging Services - The Avenue - Radiology and MRI Enterprise Agreement 2018. The dispute centred on the terms of the enterprise agreement and whether it complied with the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was the court tasked with examining and deciding on the application.

The primary legal issues revolved around whether the enterprise agreement met the statutory criteria for approval. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions as mandated by the Act and whether it was made in good faith and without coercion. The application also required scrutiny of the procedural fairness in the negotiation process and the agreement's alignment with the broader objectives of the Fair Work Act.

In examining the application, the Commission considered the evidence provided by both parties and assessed the procedural fairness of the negotiation process. It found that the agreement was made in good faith and without coercion, and that it contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both employers and employees. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its fairness.

The Fair Work Commission approved the Healthcare Imaging Services - The Avenue - Radiology and MRI Enterprise Agreement 2018, determining it met the statutory criteria under the Fair Work Act 2009. The decision highlighted the importance of ensuring that enterprise agreements are made in good faith and contain all necessary minimum terms. This approval now sets the terms and conditions of employment for the specified workforce within the enterprise.

Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established