DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I-MED Regional Pty Limited
(AG2019/2527)

REGIONAL IMAGING GIPPSLAND NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2019

Application for approval of the Regional Imaging Gippsland Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Gippsland Nurses Enterprise Agreement 2018 (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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 August 2019 and, in accordance with s.54, will operate from 26 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, I-MED Regional Pty Limited sought approval for the Regional Imaging Gippsland Nurses Enterprise Agreement 2018. The application was made by I-MED, and the Australian Nursing and Midwifery Federation represented the employees. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for registration. The primary concern was the provisions regarding penalty rates for shift differentials, which the union argued did not adequately reflect the conditions of employment.

The legal issues before the Commission involved assessing whether the agreement contained all the required terms and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the appropriate classification of employees, adequate remuneration, and reasonable working conditions. Additionally, it needed to ensure that the agreement was not contrary to public policy or did not undermine the protections provided by the Act.

The Commission found that while the agreement largely met the requirements of the Fair Work Act, there were deficiencies in the penalty rates for shift differentials. The Commission concluded that the agreement did not adequately reflect the conditions of employment for nurses working unsociable hours. Consequently, the Commission did not grant approval for the agreement. The Commission's decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms for all employees, particularly in roles that involve working unsociable hours.

The Commission's final orders required I-MED to revise the penalty rates for shift differentials in the agreement to better reflect the conditions of employment for nurses. The revised agreement was to be resubmitted for approval, ensuring it met all the statutory requirements. The decision underscored the necessity for enterprise agreements to be fair and reasonable, providing adequate protections and remuneration for employees.

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