DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura Medical Imaging Pty Ltd T/A Sunraysia Medical Imaging Pty Ltd
(AG2016/5062)

MILDURA MEDICAL IMAGING PTY LTD TRADING AS SUNRAYSIA MEDICAL IMAGING PTY LTD HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 12 OCTOBER 2016

Application for approval of the Mildura Medical Imaging Pty Ltd trading as Sunraysia Medical Imaging Pty Ltd Health Professionals and Support Services Enterprise Agreement 2016.

[1] On 12 August 2016, Mildura Medical Imaging Pty Ltd T/A Sunraysia Medical Imaging Pty Ltd (Applicant) made an application for approval of the Mildura Medical Imaging Pty Ltd trading as Sunraysia Medical Imaging Pty Ltd Health Professionals and Support Services Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Health Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 October 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mildura Medical Imaging Pty Ltd, trading as Sunraysia Medical Imaging Pty Ltd, sought approval of its 2016 Health Professionals and Support Services Enterprise Agreement from the Fair Work Commission. The dispute arose from disagreements between the company and the Health Professionals and Support Services Union (HSU) regarding the terms of the agreement. The Fair Work Commission was tasked with reviewing the application for approval.

The central legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it was in the best interests of the employees, and if it complied with the relevant legislative requirements. Specifically, the Commission needed to determine if the agreement met the criteria under the Fair Work Act 2009, including the proper representation of the employees and the adherence to the procedural fairness in the negotiation process.

The Fair Work Commission examined the evidence presented regarding the negotiation process and the representation of the employees. The Commission found that the agreement was genuinely an enterprise agreement, as it was negotiated in good faith, and the employees were properly represented by the HSU. Furthermore, the Commission determined that the agreement was in the best interests of the employees and complied with all relevant legislative requirements. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the application for the Mildura Medical Imaging Pty Ltd Health Professionals and Support Services Enterprise Agreement 2016, effective from 1 April 2016. The agreement will now govern the employment terms and conditions of the employees within the specified enterprise.

Mildura Medical Imaging Pty Ltd T/A Sunraysia Medical Imaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established