DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I-MED Queensland Pty Ltd
(AG2016/5081)

I-MED QUEENSLAND CLERICAL ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the I-MED Queensland Clerical 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 Australian Municipal, Administrative, Clerical and 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.

[4] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of I-MED Queensland Pty Ltd, the Fair Work Commission was presented with an application for the approval of the I-MED Queensland Clerical Enterprise Agreement 2016. The application was brought forth by I-MED Queensland Pty Ltd, a provider of medical imaging and radiation therapy services. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The agreement aimed to regulate the employment terms and conditions for clerical staff within the organisation.

The primary legal issues the Commission needed to address involved determining whether the agreement provided adequate protections for employees, ensured fair and reasonable terms, and adhered to the procedural requirements outlined in the Fair Work Act. Specifically, the Commission had to consider if the agreement satisfied the "better off overall test" (BOOT), which required that employees be no worse off financially and, where possible, better off overall. Additionally, the Commission needed to ensure the agreement's terms were consistent with the National Employment Standards and the general protections provided under the Fair Work Act.

The Fair Work Commission, after thorough deliberation, found that the I-MED Queensland Clerical Enterprise Agreement 2016 met the necessary criteria for approval. The Commission concluded that the agreement provided fair and reasonable terms for employees, with adequate protections and benefits. The Commission also determined that the agreement complied with the BOOT and was consistent with the National Employment Standards and general protections. Consequently, the Commission approved the agreement, recognising its alignment with the legislative requirements and its benefits for the clerical staff within the organisation.

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