DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2018/4743)

LAKE IMAGING ENTERPRISE AGREEMENT (IMAGING STAFF - GEELONG) 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Lake Imaging Enterprise Agreement (Imaging Staff - Geelong) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Imaging Staff - Geelong) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Radploy Pty Ltd T/A Lake Imaging. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am 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 Health Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 20 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Radploy Pty Ltd trading as Lake Imaging, applied to the Fair Work Commission for approval of the Lake Imaging Enterprise Agreement (Imaging Staff - Geelong) 2018. The application arose from negotiations between Lake Imaging and the Health Services Union of Australia, the representative of the employees covered by the proposed agreement. The dispute centred around the terms and conditions of employment for the imaging staff at the Geelong facility, including wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the court were primarily whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring that it provided for fair and reasonable terms and conditions of employment, and whether it complied with the process for enterprise agreements set out in the Act. The court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees and whether the process leading to the agreement was fair and in accordance with the law.

The Fair Work Commission found that the proposed agreement was fair and reasonable in all its terms. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair balance of outcomes for both parties. The Commission also found that the process leading to the agreement was fair and that the employees had been adequately informed and consulted. Consequently, the Commission approved the agreement, determining that it met the requirements of the Fair Work Act.

No further orders were made by the Commission. The approved agreement now serves as a binding contract between Lake Imaging and the employees represented by the Health Services Union of Australia.

Radploy Pty Ltd T/A Lake Imaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established