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

[2023] FWCA 2075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/2040)

LUMUS IMAGING VICTORIA ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 6 JULY 2023

Application for approval of the Lumus Imaging Victoria Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lumus Imaging Victoria Enterprise Agreement 2022 (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 Lumus Imaging. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 13 July 2023. The nominal expiry date of the Agreement is 3 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Healthcare Imaging Services (Victoria) Pty Ltd, trading as Lumus Imaging, who applied to the Fair Work Commission for the approval of the Lumus Imaging Victoria Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009. The dispute centred around whether the agreement was in the public interest and whether it complied with the requirements of the Act. The primary concern was whether the agreement provided adequate protections for employees and whether the process for its negotiation and approval was fair and transparent.

The court had to determine whether the agreement met the statutory criteria for approval, including whether it was made in the public interest and whether it provided for the fair and efficient resolution of workplace disputes. Additionally, the court examined whether the agreement adequately balanced the rights and interests of employees with those of the employer. The court also considered the process by which the agreement was negotiated and whether it was conducted in a manner that was fair and transparent.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission concluded that the agreement was in the public interest as it provided for a fair and efficient resolution of workplace disputes. The Commission also found that the agreement provided adequate protections for employees, including provisions for dispute resolution, minimum wages, and conditions of employment. The Commission was satisfied that the negotiation process was fair and transparent and that the agreement had been made in good faith. The Commission approved the agreement, subject to certain conditions.

The court ordered the approval of the Lumus Imaging Victoria Enterprise Agreement 2022, subject to specific conditions, including the requirement that the employer provide certain information to employees and that the agreement be monitored for compliance. The court also directed that any disputes arising from the agreement be resolved through the Fair Work Commission.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established