Healthcare Imaging Services (Victoria) Pty Ltd Trading AS Lumus Imaging

[2025] FWCA 1934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Healthcare Imaging Services (Victoria) Pty Ltd Trading AS Lumus Imaging

(AG2025/1297)

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

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 11 JUNE 2025

Application for variation of the Lumus Imaging – The Avenue – Radiology and MRI Enterprise Agreement 2022

Healthcare Imaging Services (Victoria) Pty Ltd (Applicant) has made an application for approval of a variation of the Lumus Imaging – The Avenue – Radiology and MRI Enterprise Agreement 2022 (Agreement) pursuant to s.210 of the Fair Work Act 2009 (FW Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

Section 212 Undertakings

The Applicant provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

Sections 211 and 212

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement as varied, is attached AE517689 to this decision.

Operative Date

In accordance with s.216 of the Act, the variation operates from 11 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Healthcare Imaging Services (Victoria) Pty Ltd, trading as Lumus Imaging, and a union representing its employees. The dispute concerned a request by the union to vary the terms of the Lumus Imaging – The Avenue – Radiology and MRI Enterprise Agreement 2022. The union sought changes to various provisions, including working conditions, leave entitlements, and pay rates. The Commission was tasked with determining whether the proposed changes were reasonable and warranted an amendment to the existing agreement.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement were reasonable in all the circumstances. This required an analysis of the Fair Work Act 2009 and the principles established in relevant case law. The Commission had to consider whether the changes would result in a better outcome for the employees, while also taking into account the interests of the employer and the broader implications for the industry. The union argued that the changes were necessary to address issues of workplace fairness and to improve conditions for its members, while the employer contended that the proposed amendments would impose an undue financial burden and could disrupt the operation of its business.

In its decision, the Fair Work Commission found that several of the proposed changes were reasonable and should be incorporated into the enterprise agreement. The Commission emphasised the importance of maintaining a balanced approach that considered the interests of both the employees and the employer. It noted that some of the proposed changes would lead to improved conditions for employees without causing significant disruption to the employer's business operations. The Commission also highlighted the need for ongoing dialogue between the parties to ensure that the agreement remained fair and effective in the long term. Consequently, the Commission varied the enterprise agreement in accordance with the union's application.

The final orders of the Commission included specific amendments to the enterprise agreement, which were detailed in the decision. These changes addressed various aspects of the employees' working conditions, including pay rates, leave entitlements, and certain procedural matters. The Commission directed that the varied agreement be implemented from the date of the decision, ensuring that the new terms would take effect promptly. Both parties were required to comply with the amended agreement and to engage in good-faith negotiations to resolve any future disputes that might arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established