DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2015/5291)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF - WESTERN REGION) 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western Region) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western 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/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.

[3] The Agreement was approved in Chambers on 19 October 2015 and, in accordance with s.54 of the Act, will operate from 26 October 2015. The nominal expiry date of the Agreement is 25 October 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Radploy Pty Ltd trading as Lake Imaging, applied for the approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western Region) 2015. The applicant sought to have the agreement made under section 234 of the Fair Work Act 2009 approved as a registered agreement. The dispute centred on whether the agreement met the requirements for registration under the Act.

The legal issues before the Commission were whether the agreement was an enterprise agreement within the meaning of the Fair Work Act, and if it satisfied the procedural and substantive requirements for registration. The Commission needed to consider if the agreement was made in good faith, if it covered a relevant enterprise and employees, and whether it complied with the minimum standards set by the Act.

The Commission found that the agreement was an enterprise agreement and was made in good faith. It covered the appropriate enterprise and employees, and complied with the procedural requirements for registration. The substantive provisions of the agreement were also consistent with the Act, and met the minimum standards. The Commission was satisfied that the agreement would provide for fair and efficient terms and conditions for the employees covered by it.

Accordingly, the Fair Work Commission approved the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western Region) 2015 as a registered agreement under section 235 of the Fair Work Act 2009. The agreement will now provide the terms and conditions for the employees covered by it, and will be in effect until it is terminated or replaced by a new agreement.

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