DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS)
(AG2018/3538)

HEALTHCARE IMAGING SERVICES - VICTORIA - RADIOLOGY AND MRI ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services - Victoria - 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] I note that Clause 21 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Victorian Allied Health Professionals Association 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 is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 3 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS), the Fair Work Commission was called upon to decide on the approval of the Healthcare Imaging Services - Victoria - Radiology and MRI Enterprise Agreement 2018. The matter involved the approval of an enterprise agreement under the Fair Work Act 2009, which aimed to establish the terms and conditions of employment for employees covered by the agreement. The application for approval was made by the employer, Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS), and the dispute centred on whether the agreement met the necessary criteria for approval, including that it must be free from any provisions that would permit unfair dismissal.

The central legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it met the genuine bargaining test, meaning that it was the product of genuine agreement from the parties made without any duress, coercion, or unfair labour practices. Additionally, the Commission had to consider whether the agreement contained any terms that would permit the employer to engage in conduct that would be characterised as harsh, unjust, or unreasonable.

The Commission examined the bargaining process and found that the agreement was the result of genuine negotiations between the employer and the relevant union. It was noted that the agreement had been the subject of extensive discussions and that both parties had engaged in a process of give-and-take to reach the terms. The Commission was satisfied that the agreement was free from any improper influence and met the requirements of the genuine bargaining test. In terms of the content of the agreement, the Commission found that while some terms could potentially permit harsh, unjust, or unreasonable conduct, these were outweighed by the overall fairness of the agreement and its benefits to the employees. Consequently, the Commission approved the agreement, noting the importance of the collective bargaining process and the benefits the agreement would bring to the employees.

The Fair Work Commission approved the Healthcare Imaging Services - Victoria - Radiology and MRI Enterprise Agreement 2018. The Commission found that the agreement was the product of genuine bargaining and met the necessary criteria for approval under the Fair Work Act. The approval ensures that the employees of Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services (HIS) will be governed by the terms of the enterprise agreement, which aims to provide fair and reasonable conditions of employment.

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