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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Imaging Group Pty Ltd applied for approval of the Hunter Imaging Group Enterprise Agreement 2021. The application was made by the company to the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute involved the proposed terms and conditions of employment for the company’s employees and whether they met the criteria for approval under the Act.

The legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it contained the appropriate terms and conditions that ensured fair and equitable treatment for the employees. Specifically, the Commission had to determine if the agreement was made in good faith, if it covered the correct bargaining unit, and if it included the mandatory terms prescribed by the Act. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees and if it complied with the requirements for fair and equitable treatment.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It considered the process by which the agreement was negotiated and whether it was genuinely negotiated. The Commission also reviewed the terms of the agreement to ensure they met the mandatory requirements and provided fair and reasonable treatment for the employees. After thorough consideration, the Commission was satisfied that the agreement was genuinely negotiated and contained fair and reasonable terms. Therefore, the Commission approved the Hunter Imaging Group Enterprise Agreement 2021.

The final orders of the Commission were that the Hunter Imaging Group Enterprise Agreement 2021 be approved, and it came into effect from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission and the necessary notices being given to the relevant parties. The approval ensured that the employees would be covered by the terms and conditions set out in the agreement, providing them with certainty and protection in their employment.

Hunter Imaging Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established