I-MED Regional Pty Ltd

[2025] FWCA 3455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

I-MED Regional Pty Ltd

(AG2025/3298)

I-MED REGIONAL VICTORIA ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 20 OCTOBER 2025

Application for approval of the I-MED Regional Victoria Enterprise Agreement 2023

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

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure A of the Agreement. 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.

The Agreement does not contain a workplace delegates’ rights term. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Health Professionals and Support Services Award 2020 at clause 33A is taken to be a term of the Agreement and is attached to the Agreement at Annexure B.

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.

The Victorian Allied Health Professionals Association (VAHPA) and Health Workers Union (HWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the VAHPA and HWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, I-MED Regional Pty Ltd, applied to the Fair Work Commission for approval of the I-MED Regional Victoria Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for employees covered by the agreement. The Commission, consisting of a panel of members, was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, whether it met the coverage requirements, and whether it contained any unfair terms. The procedural requirements included ensuring that the agreement was made in good faith and that the necessary consultation had taken place. The coverage requirements involved verifying that the agreement covered a protected industrial action and that it was made between an employer and employees. Additionally, the Commission had to assess whether any terms in the agreement were unfair, which would render the agreement invalid.

In considering these issues, the Commission examined the evidence provided by the parties, including the process followed in making the agreement, the extent of consultation, and the nature of the terms within the agreement. The Commission found that the agreement was made in good faith, that the necessary consultation had occurred, and that it met the coverage requirements. Furthermore, the Commission determined that none of the terms in the agreement were unfair. Based on these findings, the Commission approved the application for the agreement.

The Fair Work Commission approved the I-MED Regional Victoria Enterprise Agreement 2023, confirming that it met all legal requirements for approval. This decision was based on the Commission's determination that the agreement was made in good faith, that the necessary consultation had taken place, and that it complied with the coverage requirements. Additionally, the Commission found that none of the terms in the agreement were unfair. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by it are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established