DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I-MED Regional Pty Limited
(AG2020/3623)

I-MED REGIONAL TASMANIA ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2020

Application for approval of the I-MED Regional Tasmania Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the I-MED Regional Tasmania Enterprise Agreement 2020 (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 Regional Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 of Australia 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 14.2(b) – Termination of employment by the employee; and

• Clause 15.6 – Other acceptable employment.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, I-MED Regional Pty Limited, sought approval of the I-MED Regional Tasmania Enterprise Agreement 2020. The application was brought before the Fair Work Commission. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether it met the necessary legal standards for approval.

The primary legal issue before the court was whether the agreement complied with the provisions of the Fair Work Act 2009. This included examining if the agreement was made in good faith and if it provided for a fair and reasonable outcome for all parties involved. The court also needed to consider whether the agreement was fair on the basis of its terms and conditions, the process by which it was negotiated, and its overall fairness and reasonableness.

The Fair Work Commission found that the I-MED Regional Tasmania Enterprise Agreement 2020 was fair and reasonable. The commission noted that the agreement was the product of good faith negotiations and included provisions that were equitable for both the employer and the employees. The terms and conditions were deemed to be reasonable, and the process by which the agreement was negotiated was transparent and compliant with legal standards. The commission approved the agreement based on these findings.

The Fair Work Commission approved the I-MED Regional Tasmania Enterprise Agreement 2020. The commission's decision was based on its determination that the agreement was fair and reasonable, having been negotiated in good faith and providing equitable terms and conditions for both parties. The approval was effective from the date specified in the agreement.

I-MED Regional Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established