DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Imaging Group Pty Limited T/A Hunter Imaging Group
(AG2017/6225)

THE HUNTER IMAGING GROUP ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 APRIL 2018

Application for approval of The Hunter Imaging Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Imaging Group 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 Hunter Imaging Group Pty Limited T/A Hunter Imaging Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2018. The nominal expiry date of the Agreement is 23 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Imaging Group Pty Limited, trading as Hunter Imaging Group, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The dispute involved the interpretation and compliance of the agreement with relevant industrial laws. The Fair Work Commission was the court responsible for evaluating the application.

The primary legal issues the court had to address were whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, and if it was fairly negotiated. Specifically, the court needed to determine if the agreement provided for the fair and reasonable terms and conditions of employment, and whether the agreement complied with procedural requirements such as the proper provision of information and the opportunity for employees to be represented.

The Fair Work Commission, in its decision, found that the Hunter Imaging Group Enterprise Agreement 2018 met the statutory requirements for approval. The Commission held that the agreement was fairly negotiated and contained terms and conditions that were fair and reasonable. It also found that all procedural requirements were met, including the proper provision of information and the opportunity for employees to be represented. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Hunter Imaging Group Enterprise Agreement 2018, confirming that it complied with the relevant industrial laws. The court did not make any further orders beyond the approval of the agreement.

Hunter Imaging Group Pty Limited T/A Hunter Imaging Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established