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
(AG2018/6049)

NORTH COAST RADIOLOGY GROUP HEALTH PROFESSIONALS & SUPPORT SERVICES EMPLOYEES’ ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the North Coast Radiology Group Health Professionals & Support Services Employees' Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the North Coast Radiology Group Health Professionals & Support Services Employees’ Enterprise Agreement 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] 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.

[3] 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.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 25 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ilesilver Pty Ltd, acting as the trustee for the North Coast Radiology Trust trading as the North Coast Radiology Group, applied to the Fair Work Commission for the approval of the North Coast Radiology Group Health Professionals & Support Services Employees' Enterprise Agreement 2018. The primary issue before the court was whether the provisions of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for approval under section 231 of the Act.

The court examined the application for approval of the enterprise agreement, considering its provisions in light of the criteria set out in the Fair Work Act. It assessed whether the agreement provided for the terms and conditions of employment that were fair and reasonable, taking into account various factors such as the needs of the employees, the nature of the work, and the overall fairness of the agreement. The court found that the agreement met the statutory requirements and was fair and reasonable in all respects.

The Fair Work Commission approved the North Coast Radiology Group Health Professionals & Support Services Employees' Enterprise Agreement 2018, confirming that it complied with the necessary legal standards. The decision was made on the basis that the agreement appropriately addressed the terms and conditions of employment and was fair and reasonable in all aspects. The approval of the agreement was registered on 18 July 2019.

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