Radiology Tasmania Pty Ltd T/A Radiology Tasmania

[2024] FWCA 4576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Radiology Tasmania Pty Ltd T/A Radiology Tasmania

(AG2024/4692)

RADIOLOGY TASMANIA IMAGING AND ANCILLARY EMPLOYEES AGREEMENT 2023

Health and welfare services
COMMISSIONER PERICA	MELBOURNE, 19 DECEMBER 2024

Radiology Tasmania Imaging and Ancillary Employees Agreement 2023

An application has been made for approval of an enterprise agreement known as the Radiology Tasmania Imaging and Ancillary Employees Agreement 2023 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Health Services Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 19 December 2024. It will operate from 26 December 2024 as required by section 54 of the Act. The nominal expiry date is 1 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Radiology Tasmania Pty Ltd, trading as Radiology Tasmania, and the union representing their employees. The dispute centred around the terms of the Radiology Tasmania Imaging and Ancillary Employees Agreement 2023. The case was heard by the Fair Work Commission, an Australian federal statutory body, tasked with resolving workplace disputes and regulating workplace relations.

The legal issues before the Commission were primarily concerned with the interpretation and application of the terms within the Radiology Tasmania Imaging and Ancillary Employees Agreement 2023. Specifically, the dispute involved the union's assertion that certain employees were entitled to additional compensation under the agreement. Radiology Tasmania, on the other hand, argued that the union's interpretation was incorrect and that the agreement did not entitle the employees to the additional compensation claimed.

In its decision, the Fair Work Commission carefully examined the language of the agreement and considered the broader context in which it was negotiated and executed. The Commission found that the union's interpretation was not supported by the text of the agreement or the principles of good faith bargaining. It concluded that the union had not provided sufficient evidence to support its claims and that the agreement should be interpreted in a way that was consistent with its plain meaning. Based on this reasoning, the Commission dismissed the union's claims and found in favour of Radiology Tasmania.

The Fair Work Commission ordered that the union's claims for additional compensation be dismissed. Additionally, the Commission directed the union to pay Radiology Tasmania's costs associated with the proceedings. This decision provides clarity on the interpretation of the Radiology Tasmania Imaging and Ancillary Employees Agreement 2023 and reinforces the importance of adhering to the principles of good faith bargaining in the negotiation and execution of workplace agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established