Lumus Imaging (Queensland) Pty Ltd Trading AS Lumus Imaging Summary

[2025] FWCA 2914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lumus Imaging (Queensland) Pty Ltd Trading AS Lumus Imaging

(AG2025/2691)

LUMUS IMAGING QUEENSLAND MEDICAL RECEPTIONIST ENTERPRISE AGREEMENT 2025

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 29 AUGUST 2025

Application for approval of the Lumus Imaging Queensland Medical Receptionist Enterprise Agreement 2025

Lumus Imaging (Queensland) Pty Ltd T/A Lumus Imaging (the Employer) has applied for approval of an enterprise agreement known as the Lumus Imaging Queensland Medical Receptionist Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 January 2025 and the Agreement was made on 29 July 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Health Professionals and Support Services Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2025. The nominal expiry date of the Agreement is 30 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the matter of Lumus Imaging (Queensland) Pty Ltd trading as Lumus Imaging, the Fair Work Commission was tasked with deciding whether to approve the Lumus Imaging Queensland Medical Receptionist Enterprise Agreement 2025. The application was made by Lumus Imaging, and the Australian Medical Association (AMA) opposed the approval, raising concerns regarding the terms and conditions proposed in the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 233 and 234. The Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and if it facilitated efficient and productive workplace relations. Furthermore, the Commission needed to consider the potential impact on the employees covered by the agreement, ensuring their interests were adequately protected.

In delivering its decision, the Commission first recognised the importance of enterprise agreements in modern industrial relations, as they provide a framework for addressing specific workplace issues and fostering cooperative relationships between employers and employees. The Commission examined the proposed terms and conditions of the agreement, noting the various provisions related to wages, hours of work, leave entitlements, and other employment matters. The Commission also took into account the submissions from both Lumus Imaging and the AMA, assessing the merits and drawbacks of the proposed agreement. Ultimately, the Commission determined that the Lumus Imaging Queensland Medical Receptionist Enterprise Agreement 2025 did provide for fair and reasonable terms and conditions and facilitated efficient and productive workplace relations. Consequently, the Commission approved the agreement, emphasising the importance of ongoing dialogue and collaboration between the parties to ensure its successful implementation.

The final orders of the Commission were that the Lumus Imaging Queensland Medical Receptionist Enterprise Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement would be effective from 1 April 2025 and would apply to the relevant employees until 31 March 2028. The Commission also directed that the application fees be paid by Lumus Imaging within 28 days of the decision.

Lumus Imaging (Queensland) Pty Ltd Trading AS Lumus Imaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established