Radar Investments Pty Ltd T/A Radar Medical Imaging

[2014] FWCA 4719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radar Investments Pty Ltd T/A Radar Medical Imaging
(AG2014/6187)

RADAR INVESTMENTS PTY LTD ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 15 JULY 2014

Application for approval of the Radar Investments Pty Ltd Enterprise Agreement 2014.

[1] On26 May 2014 Radar Investments Pty Ltd T/A Radar Medical Imaging (Applicant) made an application for approval of the Radar Investments Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union (HSU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The HSU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 July 2014. The nominal expiry date of the Agreement is 15 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Radar Investments Pty Ltd trading as Radar Medical Imaging, applied for an approval of the Radar Investments Pty Ltd Enterprise Agreement 2014. The applicant sought to have the agreement approved in accordance with the relevant provisions of the Fair Work Act 2009. The dispute centred around whether the enterprise agreement met the necessary criteria for approval under the Act, including whether it was a genuine agreement reached through proper bargaining processes and whether it provided for the appropriate minimum terms and conditions for the employees.

The legal issues before the Commission were whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether the agreement was procedurally sound. The Commission needed to determine if the bargaining process adhered to the requirements set out in the Act, and if the agreement complied with the Fair Work Act's substantive provisions. The Commission also had to consider whether the agreement met the standard of being a "better off overall" test, ensuring that employees were not worse off than under the applicable award or safety net.

The Commission found that the agreement was made in good faith, that it contained the necessary minimum terms and conditions, and that the bargaining process complied with the relevant provisions of the Act. The Commission was satisfied that the agreement provided for employees to be no worse off than under the applicable award or safety net. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act and granted the application for approval of the Radar Investments Pty Ltd Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established