DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2015/5203)

LAKE IMAGING ENTERPRISE AGREEMENT - MEDICAL RECEPTION STAFF - BALLARAT REGION - 2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Lake Imaging Enterprise Agreement - Medical Reception Staff - Ballarat Region - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement - Medical Reception Staff - Ballarat Region – 2015 (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/as Lake Imaging. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 20 October 2015 and, in accordance with s.54, will operate from 27 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Radploy Pty Ltd, trading as Lake Imaging, applied to the Fair Work Commission for approval of an enterprise agreement concerning medical reception staff in the Ballarat region. The application arose from negotiations between Lake Imaging and the Health Services Union of Australia, which resulted in the Lake Imaging Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including that it did not predetermine the resolution of future genuine workplace disputes.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to assess whether the agreement contained terms that were contrary to the provisions of the Act, whether it provided for the resolution of genuine workplace disputes, and whether it met the genuine agreement and public interest tests. The Commission also considered whether the agreement was made in good faith and whether it provided for the proper protection of employees.

The Commission found that the agreement did not contain any terms that were contrary to the Act. It concluded that the agreement provided for the resolution of genuine workplace disputes through a dispute resolution process that included a requirement for the parties to first attempt to resolve the dispute through negotiation. The Commission determined that the agreement was made in good faith and that it provided for the proper protection of employees. The Commission also found that the agreement met the public interest test. Accordingly, the Commission approved the Lake Imaging Enterprise Agreement 2015.

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