DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Diagnostic Imaging Pty Ltd T/A Queensland Diagnostic Imaging
(AG2018/5396)

QUEENSLAND DIAGNOSTIC IMAGING PTY LTD TECHNICAL IMAGING EMPLOYEES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2019

Application for approval of the Queensland Diagnostic Imaging Pty Ltd Technical Imaging Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Diagnostic Imaging Pty Ltd Technical Imaging Employees Enterprise Agreement 2018 (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 Queensland Diagnostic Imaging. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Health Services Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Queensland Diagnostic Imaging Pty Ltd Technical Imaging Employees Enterprise Agreement 2018. The dispute arose between Queensland Diagnostic Imaging Pty Ltd, trading as Queensland Diagnostic Imaging, and the Queensland Nurses and Midwives' Union, acting on behalf of certain employees. The primary issue was whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009, including provisions for minimum wages, conditions, and the procedural fairness of the agreement's formation.

The legal issues centred on the compliance of the agreement with the Fair Work Act, specifically whether it included all mandatory provisions, was free from prohibited content, and whether it was formed in accordance with the procedural requirements. The union argued that the agreement did not adequately address certain employee entitlements and procedural fairness, while the employer maintained that the agreement was comprehensive and correctly formed.

The Commission found that the enterprise agreement did not include all the mandatory provisions required by the Fair Work Act, particularly in relation to procedural fairness during its formation. The Commission also noted that the agreement contained clauses that were not compliant with the Act, including provisions that could potentially undermine the rights of employees. Consequently, the application for approval was dismissed, as the agreement did not meet the legislative requirements. No further orders were made beyond the dismissal of the application.

Queensland Diagnostic Imaging Pty Ltd T/A Queensland Diagnostic Imaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established