Hunter Imaging Group Pty Ltd

[2021] FWCA 4506

[2021] FWCA 4506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Imaging Group Pty Ltd
(AG2021/5925)

THE HUNTER IMAGING GROUP ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 JULY 2021

Application for approval of The Hunter Imaging Group Enterprise Agreement 2021.

[1] Hunter Imaging Group Pty Ltd has applied for approval of a single enterprise agreement known as The Hunter Imaging Group Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting Undertaking 1, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 27 July 2021 and will operate from 3 August 2021. The nominal expiry date of the Agreement is 3 August 2024.

DEPUTY PRESIDENT

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Annexure A