I-MED Regional Pty Ltd - [2025] FWC 1221

[2025] FWC 1221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

I-MED Regional Pty Ltd

(AG2024/4534)

COMMISSIONER TRAN

MELBOURNE, 9 MAY 2025

Application for approval of the I-MED Regional Victoria Enterprise Agreement 2023 – Employer did not take all reasonable steps to explain the terms and effect of the Agreement – Further submissions required – Directions issued.

I-MED Regional Pty Ltd applied to the Fair Work Commission for approval of the I-MED Regional Victoria Enterprise Agreement 2023 under s 185 of the Fair Work Act 2009. I-MED provides diagnostic radiology and operates in private clinics and hospital settings throughout Australia.

The Agreement covers a total of 201 employees[1] who are clerical staff (such as medical receptionists, booking agents and office managers) and health professional staff, who specialise in imaging procedures such as radiography and MRI (magnetic resonance imaging). The Agreement covers employees in regional Victoria: in Gippsland, Sunraysia/Mildura and Goulbourn Valley. The Agreement is a consolidation of 3 industrial instruments, being 2 enterprise agreements that currently apply and the relevant modern award, the Health Professionals and Support Services Award 2020.

The Agreement was made on 4 November 2024. 111 out of a total of 142 employees who cast a valid vote voted to approve the Agreement.

I-MED applied for approval of the Agreement on 15 November 2025. The application was supported by an F17B Employer Declaration completed by Mr James Wood, Operations Manager, and included supporting material, such as the Notice of Employee Representational Rights and documents provided to employees prior to the access period and vote.

Health Services Union of Australia Victoria No. 1 Branch trading as Health Workers Union (HWU) filed a Form F18 on 5 December 2024 that supported approval of the Agreement.

Health Services Union of Australia Victoria No. 3 Branch trading as Victorian Allied Professionals Association (VAHPA) also filed a Form F18 on 5 December 2024. VAHPA did not support approval of the Agreement as it said the Agreement was not genuinely agreed to.

At this stage, I cannot approve the Agreement, as I find that I-MED failed to take all reasonable steps to explain the terms and the effects of the Agreement in relation to changes to the classification structure. My reasons follow.

Procedural Background

On 11 December 2024, I-MED provided responses to concerns that I raised with them following my review of the Commission’s Agreements Team checklist, the application, proposed agreement and supporting documentation. I-MED also provided a response to VAHPA’s concern about whether employees had genuinely agreed to the Agreement.

I listed the matter for hearing and issued Directions. I-MED and VAHPA filed detailed submissions, witness statements and evidence in accordance with my Directions. The HWU filed brief written submissions in support of approval of the Agreement, also in accordance with my Directions.

I held a hearing via Teams on Monday 10 February 2025.

I-MED relied on the evidence of Ms Angela Duncan, Senior Regional Manager. Ms…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading I-MED Regional Pty Ltd

Details

AGLC: I-MED Regional Pty Ltd [2025] FWC 1221
Case: [2025] FWC 1221
Decision Date: 9 MAY 2025

CaseChat Overview and Summary

I-MED Regional Pty Ltd applied to the Fair Work Commission for approval of the I-MED Regional Victoria Enterprise Agreement 2023 under s 185 of the Fair Work Act 2009. The agreement covers a total of 201 employees who are clerical staff and health professional staff, who specialise in imaging procedures such as radiography and MRI (magnetic resonance imaging). The agreement is a consolidation of 3 industrial instruments, being 2 enterprise agreements that currently apply and the relevant modern award, the Health Professionals and Support Services Award 2020. The application was supported by an F17B Employer Declaration completed by Mr James Wood, Operations Manager, and included supporting material, such as the Notice of Employee Representational Rights and documents provided to employees prior to the access period and vote. The application was opposed by Health Services Union of Australia Victoria No. 3 Branch trading as Victorian Allied Professionals Association (VAHPA). The key issue in this matter is whether employees could have genuinely agreed to the Agreement as I-MED may not have complied with its obligation under s 180(5) to take all reasonable steps to explain the terms and the effect of the Agreement. The Fair Work Commission was not satisfied that I-MED took all reasonable steps to explain the terms and effect of the Agreement in relation to changes to the classification structure. The Commission directed I-MED to provide further submissions about the application of s 188(5) and offered undertakings to address the matters in this decision and invited bargaining representatives to provide their views on any undertakings. The Commission will make a final decision after 27 May 2025.

Orders