Queensland Diagnostic Imaging Pty Ltd T/A Queensland Diagnostic Imaging

[2014] FWCA 5624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Diagnostic Imaging Pty Ltd T/A Queensland Diagnostic Imaging
(AG2014/8561)

QUEENSLAND DIAGNOSTIC IMAGING CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 AUGUST 2014

Application for approval of the Queensland Diagnostic Imaging Clerical Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Diagnostic Imaging Clerical Employees Enterprise Agreement 2014 (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, trading as Queensland Diagnostic Imaging. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a model flexibility term in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 August 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Queensland Diagnostic Imaging Pty Ltd, trading as Queensland Diagnostic Imaging, applied for approval of the Queensland Diagnostic Imaging Clerical Employees Enterprise Agreement 2014. The respondents, Australian Health Services Union Queensland Branch and the Australian Nursing and Midwifery Federation, opposed the application on several grounds, including that the agreement did not meet the "better off overall test" and that it contained terms that were contrary to public policy.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including the "better off overall test", and whether any of the terms in the agreement contravened public policy. The Commission considered whether the agreement provided for terms and conditions that were no worse than the applicable award or safety net award and whether the agreement provided for a "better off overall test" for employees. The Commission also considered whether the agreement contained any terms that were contrary to public policy, including the requirement for employees to work on public holidays.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and did not contravene public policy. The Commission found that the agreement provided for terms and conditions that were no worse than the applicable award or safety net award and that the agreement provided for a "better off overall test" for employees. The Commission also found that the requirement for employees to work on public holidays was not contrary to public policy as it was a necessary part of the agreement to ensure that the employer could operate effectively and meet its obligations to its customers. The Commission approved the agreement.

The Fair Work Commission approves the Queensland Diagnostic Imaging Clerical Employees Enterprise Agreement 2014. The approval is subject to the agreement being registered with the Fair Work Commission. The agreement will apply to employees who were covered by the previous agreement and to any new employees who are engaged by the employer. The agreement will remain in force until it is replaced by a new agreement or until it is terminated by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established