| [2018] FWCA 7612 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services
(AG2018/3186)
Healthcare Imaging Services Nurses Enterprise Agreement 2018
| Health and welfare services | |
| Deputy President Masson | MELBOURNE, 14 DECEMBER 2018 |
Application for approval of the Healthcare Imaging Services Nurses Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services Nurses 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. The Agreement is a single enterprise agreement.
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.
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.
The Australian Nursing and Midwifery Federation (ANMF) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 30 May 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE501090 PR703174>
Annexure A
- AGLC
- Healthcare Imaging Services (Victoria) Pty Ltd T/A Healthcare Imaging Services [2018] FWCA 7612
- Case
- [2018] FWCA 7612
- Decision Date
CaseChat Overview and Summary
The legal issues that the Fair Work Commission had to determine included whether the agreement was made in good faith, whether the employer had fully disclosed all relevant information to the union, and whether the agreement appropriately protected the employees' rights and interests. Additionally, the Commission examined whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The Commission also had to ensure that the agreement did not unfairly disadvantage any of the employees or the employer.
The Fair Work Commission found that the agreement was made in good faith and that the employer had adequately disclosed all relevant information to the union. The Commission concluded that the agreement appropriately protected the employees' rights and interests, including provisions for pay rates, conditions of employment, and dispute resolution mechanisms. The Commission further found that the agreement complied with all relevant legislation and did not unfairly disadvantage any party. The Commission approved the agreement, noting the importance of maintaining fair and equitable industrial relations practices in the healthcare sector.
The Fair Work Commission's decision to approve the Healthcare Imaging Services Nurses Enterprise Agreement 2018 reflects its commitment to ensuring that enterprise agreements are fair, balanced, and in compliance with the Fair Work Act 2009. The Commission's approval of the agreement will provide certainty and stability for the employees and the employer, fostering a positive industrial relations environment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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