DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2016/6040)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF - BALLARAT REGION) 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Ballarat Region) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Ballarat Region) 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 16 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Radploy Pty Ltd, trading as Lake Imaging, recently sought approval from the Fair Work Commission for the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Ballarat Region) 2016. The application involved a dispute concerning the terms and conditions of employment for medical imaging staff within the Ballarat region. The primary issue at hand was whether the proposed agreement met the necessary legal requirements for approval under Australian workplace laws.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable method of determining the pay rates for employees, whether it included appropriate provisions for minimum hours of work and maximum hours of work, and whether it met the requirements for employee representation. Additionally, the Commission examined whether the agreement contained adequate provisions for employee health and safety, and whether it complied with the relevant provisions of the Fair Work Act 2009.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the broader context of the enterprise bargaining process. The Commission found that the proposed agreement provided for a fair and reasonable method of determining pay rates, and that it contained appropriate provisions for minimum and maximum hours of work. The Commission also found that the agreement met the requirements for employee representation and contained adequate provisions for employee health and safety. Accordingly, the Commission approved the proposed agreement.

The final orders of the Fair Work Commission included the approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Ballarat Region) 2016, subject to certain conditions and modifications. The Commission also directed that the agreement be registered with the Fair Work Commission and that it be brought into effect on a date specified by the Commission.

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