I-MED Regional Pty Limited T/A I-MED Regional Pty Limited

[2024] FWCA 3966

[2024] FWCA 3966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

I-MED Regional Pty Limited T/A I-MED Regional Pty Limited

(AG2024/3576)

I-MED TASMANIA ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 NOVEMBER 2024

Application for approval of the I-MED Tasmania Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the I-MED Tasmania Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by I-MED Regional Pty Limited T/A I-MED Regional Pty Limited (Employer). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer’s submissions, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Health 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) of the Act I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 November 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A