DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I-MED Queensland Pty Ltd
(AG2016/5204)

I-MED QUEENSLAND HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the I-MED Queensland Health Professionals Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the I-MED Queensland Health Professionals Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by I-MED Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 2 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of I-MED Queensland Pty Ltd, the Fair Work Commission was presented with an application for approval of the I-MED Queensland Health Professionals Enterprise Agreement 2016. The application involved parties including I-MED Queensland Pty Ltd and various health professionals, primarily focusing on the terms and conditions of employment, remuneration, and other workplace arrangements. The Commission was tasked with ensuring the agreement met the necessary legal standards and did not contravene any relevant industrial laws.

The central legal issues that the Commission needed to address included whether the agreement provided fair and reasonable terms for both the employer and the employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. This involved scrutiny of the agreement's provisions on wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission also had to consider if the agreement was made in good faith and if it was appropriately negotiated.

In its decision, the Fair Work Commission evaluated the submissions from both parties, considering the principles of good faith bargaining and the overall fairness of the agreement. The Commission found that the agreement did meet the necessary legal standards and was fair and reasonable. It was noted that the agreement included provisions that went beyond the minimum entitlements set by the relevant industrial instruments, providing additional benefits to the employees. Consequently, the Commission approved the agreement, confirming its compliance with the Fair Work Act 2009.

The Commission's final orders included the approval of the I-MED Queensland Health Professionals Enterprise Agreement 2016, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms between I-MED Queensland Pty Ltd and the health professionals covered by the agreement, subject to the Commission's oversight and enforcement.

I-MED Queensland 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