Queensland Diagnostic Imaging Pty Ltd T/A Lumus Imaging Services
[2022] FWCA 3475
•7 OCTOBER 2022
| [2022] FWCA 3475 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Queensland Diagnostic Imaging Pty Ltd T/A Lumus Imaging Services
(AG2022/3721)
LUMUS IMAGING QUEENSLAND CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2022
| Health and welfare services | |
| COMMISSIONER P RYAN | SYDNEY, 7 OCTOBER 2022 |
Application for approval of the Lumus Imaging Queensland Clerical Employees Enterprise Agreement 2022
Queensland Diagnostic Imaging Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Lumus Imaging Queensland Clerical Employees Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
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.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Section 183 Bargaining Representatives
The Australian, Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the ASU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 31 May 2025.
COMMISSIONER
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