DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ilesilver Pty Ltd as Trustee for the North Coast Radiology Trust T/A North Coast Radiology Group
(AG2015/6156)

NORTH COAST RADIOLOGY GROUP HEALTH PROFESSIONAL & SUPPORT SERVICES EMPLOYEES’ ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 20 NOVEMBER 2015

Application for approval of the North Coast Radiology Group Health Professional & Support Services Employees’ Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the North Coast Radiology Group Health Professional & Support Services Employees’ Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ilesilver Pty Ltd as Trustee for the North Coast Radiology Trust T/A North Coast Radiology Group. The agreement is a single-enterprise agreement.

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

[3] The Health Services Union of Australia (HSU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Ilesilver Pty Ltd as Trustee for the North Coast Radiology Trust, trading as North Coast Radiology Group, and the Health Professional & Support Services Employees’ Union. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The dispute centred around the application for approval of the North Coast Radiology Group Health Professional & Support Services Employees’ Enterprise Agreement 2015-2018.

The primary legal issue before the court was whether the enterprise agreement in question complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the 'better off overall test' and whether it included all mandatory terms and conditions as stipulated by the Act. Furthermore, the court had to consider if the agreement was made in good faith and if it was free from any invalid provisions.

The Fair Work Commission examined the evidence presented by both parties, including the terms of the agreement and the processes through which it was negotiated. The tribunal found that the agreement satisfied the 'better off overall test', as it provided for fair compensation and benefits for the employees. Additionally, the court confirmed that all mandatory terms were included and that the agreement was negotiated in good faith. The tribunal also determined that there were no invalid provisions within the agreement. As a result, the application for approval of the enterprise agreement was granted.

The Fair Work Commission ordered the approval of the North Coast Radiology Group Health Professional & Support Services Employees’ Enterprise Agreement 2015-2018, effective from the date of the decision. The tribunal's decision provided clarity and certainty for both the employer and the employees, ensuring compliance with the Fair Work Act 2009.

Ilesilver Pty Ltd as Trustee for the North Coast Radiology Trust T/A North Coast Radiology Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established