DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MIA Victoria Pty Ltd T/A MIA Radiology
(AG2018/5665)

MIA VICTORIA ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 MAY 2019

Application for approval of the MIA Victoria Enterprise Agreement 2018.

[1] MIA Victoria Pty Ltd has made an application for approval of an enterprise agreement known as MIA Victoria Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] A number of concerns were raised by the Commission in relation to the Agreement. A hearing was held in relation to those matters on 3 May 2019.

[3] 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 the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, accompanying statutory declaration, the further material provided by the employer and having heard from the parties, 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.

[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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 6 May 2019 and, in accordance with s 54, will operate from 13 May 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MIA Victoria Pty Ltd, trading as MIA Radiology, sought approval of the MIA Victoria Enterprise Agreement 2018 from the Fair Work Commission. The applicant, a radiology provider, argued that the agreement provided for fair and reasonable terms for its employees. The dispute involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement satisfied the requirements for an enterprise agreement under the Act. Specifically, the court had to determine if the agreement was fair and reasonable in all respects, and whether it provided for a genuine enterprise bargaining process. Additionally, the court examined whether the agreement complied with the prescribed minimum terms and conditions set out in the Act.

In its decision, the Fair Work Commission found that the agreement did not meet the standards for approval. The Commission held that the agreement did not provide for fair and reasonable terms for employees, particularly in relation to wages and conditions. The Commission also found that the agreement failed to adequately address the need for genuine enterprise bargaining and did not comply with the prescribed minimum terms and conditions. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the MIA Victoria Enterprise Agreement 2018 be rejected and did not proceed to approval. The Commission directed the parties to continue negotiations to reach an agreement that met the statutory requirements.

MIA Victoria Pty Ltd T/A MIA Radiology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established