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

[2022] FWCA 3478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3703)

LUMUS IMAGING-THE AVENUE-RADIOLOGY AND MRI ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 7 OCTOBER 2022

Application for approval of the Lumus Imaging-The Avenue-Radiology and MRI Enterprise Agreement 2022

Healthcare Imaging Services (Victoria) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Lumus Imaging-The Avenue-Radiology and MRI Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Lumus Imaging-The Avenue-Radiology and MRI Enterprise Agreement 2022. Healthcare Imaging Services (Victoria) Pty Ltd, trading as Lumus Imaging Services, sought approval from the Fair Work Commission. The dispute was about the terms and conditions of employment for employees within the radiology and MRI sectors. The court needed to determine if the agreement was in the interests of the employees and if it complied with relevant legislative requirements.

The primary legal issues revolved around whether the agreement was a genuine enterprise agreement and whether it was in the interests of the employees. The court had to assess if the agreement was made in good faith and if it provided for the proper determination of terms and conditions of employment. Additionally, the court needed to consider if the agreement met the requirements set out in the Fair Work Act 2009, including whether it allowed for fair and meaningful negotiations and if it included appropriate dispute resolution processes.

The Fair Work Commission examined the evidence provided by both parties and considered the submissions made. It concluded that the agreement was a genuine enterprise agreement made in good faith. The court found that the agreement provided for the proper determination of terms and conditions of employment and that it was in the interests of the employees. The Commission approved the agreement, noting that it met all legislative requirements and was fair and reasonable in all respects.

The final orders of the court were that the Lumus Imaging-The Avenue-Radiology and MRI Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement would now govern the employment terms and conditions for the employees within the radiology and MRI sectors, providing a framework for their working relationship with Lumus Imaging Services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established