Queensland Diagnostic Imaging Pty Ltd T/A Lumus Imaging Queensland

[2022] FWCA 4249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Queensland Diagnostic Imaging Pty Ltd T/A Lumus Imaging Queensland

(AG2022/4886)

Lumus Imaging Queensland Technical and Nursing Imaging Employees Enterprise Agreement 2022

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 2 DECEMBER 2022

Application for approval of the Lumus Imaging Queensland Technical and Nursing Imaging Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lumus Imaging Queensland Technical and Nursing Imaging Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Diagnostic Imaging Pty Ltd T/A Lumus Imaging Queensland (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Nursing and Midwifery Federation (ANMF) and United Workers’ Union (UWU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 1 August 2025

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Queensland Diagnostic Imaging Pty Ltd trading as Lumus Imaging Queensland for the approval of the Lumus Imaging Queensland Technical and Nursing Imaging Employees Enterprise Agreement 2022. The applicants sought to have this agreement registered under the Fair Work Act 2009. The dispute arose as Lumus Imaging Queensland, an imaging services provider, sought to formalise the terms and conditions of employment for its technical and nursing imaging employees through the proposed enterprise agreement.

The central legal issue the Commission had to address was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the provisions of the Act, including whether it had been fairly negotiated and whether it contained terms that were within the scope of permissible matters under enterprise agreements. Additionally, the Commission had to determine if the agreement provided for minimum terms as stipulated by the Act and whether it met the requirements for being a "better off overall" agreement.

In reaching its decision, the Commission carefully examined the negotiation process and contents of the proposed agreement. It found that the agreement had been fairly negotiated, as evidenced by the process outlined in the application. The Commission also considered the substantive terms of the agreement, including wages, hours of work, and other conditions of employment. The Commission confirmed that the agreement contained all necessary minimum terms and that it was a "better off overall" agreement, as required by the Act. Given these findings, the Commission approved the application for registration of the Lumus Imaging Queensland Technical and Nursing Imaging Employees Enterprise Agreement 2022, deeming it compliant with all legislative requirements.

The Fair Work Commission approved the application for the registration of the Lumus Imaging Queensland Technical and Nursing Imaging Employees Enterprise Agreement 2022, effective from the date of the decision. This decision ensures that the terms and conditions of employment for technical and nursing imaging employees at Lumus Imaging Queensland are legally recognised and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established