Radiology Tasmania Pty Ltd T/A Radiology Tasmania

[2024] FWCA 4576

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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Annexure A