Independent Imaging Pty Ltd Summary

[2014] FWCA 7156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Imaging Pty Ltd
(AG2014/9034)

INDEPENDENT IMAGING PTY LTD HEALTH PROFESSIONALS AND SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 9 OCTOBER 2014

Application for approval of the Independent Imaging Pty Ltd Health Professionals and Support Services Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Independent Imaging Pty Ltd Health Professionals and Support Services Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Imaging Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2014. The nominal expiry date of the Agreement is 13 February 2017.

[5] The Health Services Union 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

FAIR WORK COMMISSION MATTER NO: AG2014/9034

UNDERTAKING

‘For the purposes of the NES and clause 28 of the agreement, a weekend worker is a shift worker for the purposes of the 1\IES, and such an employee will receive an additional week of annual leave.’

CaseChat Overview and Summary

Independent Imaging Pty Ltd, an employer, sought approval of a proposed enterprise agreement from the Fair Work Commission. The respondents, employees covered by the agreement, objected to the application, arguing that certain clauses in the agreement were unfair and not in the best interests of the employees. The Fair Work Commission was required to determine whether the proposed agreement was fair and should be approved.

The court needed to consider whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. This involved assessing the fairness of the agreement's provisions, including whether it provided for procedural fairness in the workplace, the adequacy of the agreement's terms and conditions, and whether it was in the best interests of the employees. The court also had to consider whether the agreement complied with the requirements for disclosure and notification under the Act.

The Fair Work Commission found that the agreement met the criteria for approval. The court determined that the agreement provided for procedural fairness in the workplace, and the terms and conditions were adequate and in the best interests of the employees. The court also found that the employer had complied with the requirements for disclosure and notification under the Act. The Commission approved the application for the proposed enterprise agreement, finding it to be fair and in the best interests of the employees.

The Fair Work Commission ordered the approval of the Independent Imaging Pty Ltd Health Professionals and Support Services Employees Enterprise Agreement 2014, subject to certain conditions. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to the employees. The employer was also required to provide notice to the employees of the agreement's approval and to provide certain information to the Commission.

Independent Imaging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established