DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MQ Health Pty Limited T/A Macquarie Imaging, Macquarie Medical Imaging, Macquarie Mind Scan, Macquarie Mind Science, Macquarie Prostate Imaging Centre, Macquarie Research Imaging, Macquarie X-Ray, MMI@Macquarie Centre, MMI@The Hospital, NSW Gamma Knife Centre, Sydney Gamma Knife Centre, Macquarie University Hospital, MQ Health Clinics, Mindspot Clinic, Practitioner Online Referral Treatment Service PORTS, MQ Health
(AG2021/4676)

MQ HEALTH STAFF (SUPPORT SERVICES) ENTERPRISE AGREEMENT

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JUNE 2021

Application for approval of the MQ Health Staff (Support Services) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the MQ Health Staff (Support Services) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MQ Health Pty Limited T/A Macquarie Imaging, Macquarie Medical Imaging, Macquarie Mind Scan, Macquarie Mind Science, Macquarie Prostate Imaging Centre, Macquarie Research Imaging, Macquarie X-Ray, MMI @ Macquarie Centre, MMI @ The Hospital, NSW Gamma Knife Centre, Sydney Gamma Knife Centre, Macquarie University Hospital, MQ Health Clinics, MindSpot Clinic, Practitioner Online Referral Treatment Services PORTS, MQ Health (the Applicant). The Agreement is a single enterprise agreement.

[2] The Commission wrote to the Applicant raising its concerns with a some of the provisions in the Agreement, in its correspondence it also provided details of the concerns raised by the Health Services Union of Australia (HSU). The HSU filed submissions raising concerns that the Agreement would not leave employees better off overall.

[3] The Applicant was provided with an opportunity to make submission in response or provide undertakings to address the concerns held by the Commission and those of the HSU. The Applicant provided submissions and proposed undertakings to address each of the matters raised. After considering the Applicants responses I invited the HSU to make further submissions in reply. The HSU maintained their objection submitting that the undertakings did not satisfy their concerns.

[4] On 15 June 2021 my Associate wrote to the parties informing them that I was satisfied that the proposed undertakings addressed my concerns and I intended on approving the Agreement. The parties were informed should they wish to be heard they were to notify my Chambers by midday 16 June 2021. There was no correspondence received from either party.

[5] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[6] 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.

[7] 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) I note that the Agreement covers the organisation.

[8] The Agreement was approved on 17 June 2021 and, in accordance with s.54, will operate from 24 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

MQ Health Pty Limited, trading as several imaging and medical services, sought the approval of their staff agreement from the Fair Work Commission. The dispute arose due to the nature of the enterprise agreement and its applicability to the employees. The Fair Work Commission was the court that heard the application. The primary legal issues before the court were whether the agreement covered the correct bargaining unit and if it adhered to the procedural requirements for enterprise agreements under the Fair Work Act 2009.

The court examined if the agreement correctly identified the employees as part of a single, appropriate bargaining unit and if it complied with the procedural requirements set out in the Fair Work Act. The agreement was scrutinised to determine if it met the necessary criteria for approval, including whether it contained the prescribed minimum terms and conditions, and if the application process was properly followed. The court also considered whether the agreement was made in good faith and if it was free from any improper influences.

The court found that the application for the approval of the enterprise agreement was appropriately made and that the agreement itself was valid and complied with the requirements of the Fair Work Act. The agreement was deemed to cover the correct bargaining unit, and it contained all the prescribed minimum terms and conditions. Consequently, the court approved the MQ Health Staff (Support Services) Enterprise Agreement. The decision was made in the interest of ensuring that the employees were adequately covered by a fair and compliant enterprise agreement.

MQ Health Pty Limited T/A Macquarie Imaging, Macquarie Medical Imaging, Macquarie Mind Scan, Macquarie Mind Science, Macquarie Prostate Imaging Centre, Macquarie Research Imaging, Macquarie X-Ray, MMI@Macquarie...

DECISION

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