Radploy Pty Ltd T/A Lake Imaging
[2024] FWCA 2156
•13 JUNE 2024
| [2024] FWCA 2156 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Radploy Pty Ltd T/A Lake Imaging
(AG2024/1687)
LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF – WARRNAMBOOL REGION) 2023
| Health and welfare services | |
| COMMISSIONER CONNOLLY | MELBOURNE, 13 JUNE 2024 |
Application for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Warrnambool Region) 2023
An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Warrnambool Region) 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Radploy Pty Ltd T/A Lake Imaging (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 27 May 2024
The notification time for the Agreement under s.173(2) was 22 June 2023 and the Agreement was made on 9 May 292. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 31 May 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
In particular, issues were raised in relation to Shift Span Definitions and Casual Shift Penalty. The Applicant has made submissions to address these concerns, stating that they do not roster employees (who will be covered by the Agreement) to finish ordinary hours of work between 7am and 8am. Further, that all casual employees engaged are fully qualified and classified at Level 1 or above.
I have accepted these submissions and note that should circumstances change with regard to roster patterns/working arrangements and classifications, the parties may make an application to the Commission for a reconsideration of the BOOT pursuant to s.227A of the Act.
The “Health 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 June 2027.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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