MIA Victoria Pty Ltd T/A MIA Radiology

[2019] FWCA 3081

[2019] FWCA 3081

FAIR WORK COMMISSION

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

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Annexure A