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

[2022] FWCA 2742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3091)

I-MED Victoria Enterprise Agreement 2021

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 15 AUGUST 2022

Application for approval of the I-MED Victoria Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the I-MED Victoria Enterprise Agreement 2021 (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 Victoria Pty Ltd T/A I-MED Radiology Network. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Victorian Allied Health Professionals Association and the Health Workers Union, being bargaining representatives for the Agreement, have each 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 organisations.

The Agreement was approved on 15 August 2022 and, in accordance with s.54, will operate from 22 August 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved I-MED Victoria Pty Ltd, trading as I-MED Radiology Network, and the Australian Medical Association (Victorian Branch). The matter was before the Fair Work Commission, which was asked to approve the proposed Enterprise Agreement between the parties. The agreement was intended to cover the employment conditions of radiographers and radiology assistants employed by I-MED Victoria. The dispute arose when the Australian Medical Association (Victorian Branch) objected to the proposed agreement on the grounds that it did not adequately represent the interests of the employees.

The central legal issue before the Fair Work Commission was whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it was consistent with the "better off overall test." This test requires that the agreement be no less favourable to the employees than the applicable award or safety net award, taking into account all terms and conditions of employment, including any redundancy or termination provisions.

The Fair Work Commission found that the proposed Enterprise Agreement did indeed meet the statutory requirements. The Commission concluded that the agreement provided for a fair and efficient determination of terms and conditions of employment and was consistent with the better off overall test. The Commission noted that the agreement contained provisions that were favourable to the employees, including a wage increase and improved leave entitlements. The Commission also found that the agreement provided for adequate dispute resolution mechanisms and included provisions that promoted a healthy and safe work environment. Accordingly, the Commission approved the agreement under section 184 of the Fair Work Act 2009.

The Fair Work Commission's decision to approve the Enterprise Agreement was based on a comprehensive analysis of the evidence and submissions presented by both parties. The Commission found that the agreement provided for fair and efficient terms and conditions of employment and met the better off overall test. The Commission also noted that the agreement contained provisions that promoted a healthy and safe work environment, which was an important consideration in approving the agreement. The Commission's decision provides clarity for both employers and employees in the radiology sector and ensures that the agreement will be implemented in a fair and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established