DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marina Diagnostic Group Pty Ltd T/A Marina Radiology
(AG2018/1675)

MARINA RADIOLOGY ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Marina Radiology Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Marina Radiology 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 Marina Diagnostic Group Pty Ltd T/A Marina Radiology. 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 30.1(a) which offers that full-time employees shall be entitled to 152 hours annual leave for each 12 months of service.

Given the National Employment Standards precedence clause at Clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services Union (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) 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 22 November 2018. The nominal expiry date of the Agreement is 21 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by Marina Diagnostic Group Pty Ltd trading as Marina Radiology for the approval of the Marina Radiology Enterprise Agreement 2018. The application was made under section 230 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees within the organisation. Specifically, the agreement sought to address various aspects of remuneration, working conditions, and dispute resolution mechanisms. The FWC was required to determine whether the proposed agreement met the criteria for approval as a single-enterprise agreement under the Act.

The central legal issues before the FWC involved whether the agreement provided for the employees’ remuneration and conditions of employment in a fair and reasonable manner, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the FWC needed to assess if the agreement satisfied the requirements for being a single-enterprise agreement, including the necessity that it cover all employees within the enterprise. Furthermore, the FWC had to consider if the agreement had been made in good faith, and whether it adhered to the principles of the Fair Work Act, including the protection of employees’ rights and interests.

In reaching its decision, the FWC examined the contents of the proposed agreement and the process through which it was negotiated. The FWC noted that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions for the employees. The FWC also found that the agreement complied with the legislative requirements, including those pertaining to the single-enterprise agreement criteria. After considering the evidence and submissions, the FWC concluded that the agreement met the necessary standards for approval. Consequently, the FWC approved the Marina Radiology Enterprise Agreement 2018.

Marina Diagnostic Group Pty Ltd T/A Marina Radiology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established