I-MED Regional Pty Ltd T/A I-MED Radiology Network

[2021] FWCA 2626

[2021] FWCA 2626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

I-MED Regional Pty Ltd T/A I-MED Radiology Network
(AG2021/4598)

I-MED REGIONAL GIPPSLAND ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 10 MAY 2021

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

[1] I-MED Regional Pty Ltd T/A I-MED Radiology Network (the Applicant) has made an application for approval of an enterprise agreement known as the I-MED Regional Gippsland Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 April 2021.

[3] On 23 April 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 May 2021. The undertaking deals with the following topics:

•  An assurance that shiftwork will not be paid at a rate less than as would be paid under the Health Professionals and Support Services Award 2020 (the Award).

•  An assurance that shifts of 12 ordinary hours will not be paid at a rate less than would be paid under the Award.

•  The deletion of the words “no less than three” in clause 31.10, which allows employees to access sick leave while on pre-approved periods of annual leave.

•  A clarification that the long service leave provided by the Agreement is in addition to benefits provided by legislation, noting that both schemes share a single balance.

•  The replacement of clause 36.2, which deals with public holiday benefits for part time employees.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2023.

COMMISSIONER

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