Marina Diagnostic Group Pty Ltd T/A Marina Radiology

[2018] FWCA 6991

[2018] FWCA 6991

FAIR WORK COMMISSION

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

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Annexure A