DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2015/883)

LAKE IMAGING ENTERPRISE AGREEMENT (IMAGING STAFF- GEELONG) 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 30 APRIL 2015

Application for approval of the Lake Imaging Enterprise Agreement (Imaging Staff- Geelong) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Imaging Staff- Geelong) 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 Health Services Union of Australia (HSU) 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 the organisation.

[4] The Agreement was approved in Chambers on 30 April 2015 and, in accordance with s.54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 6 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Radploy Pty Ltd, trading as Lake Imaging, applied for the approval of the Lake Imaging Enterprise Agreement (Imaging Staff-Geelong) 2015. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union, representing the employees of Lake Imaging.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Act, which mandates that an enterprise agreement must provide for, amongst other things, the terms and conditions of employment of the employees to whom the agreement applies. The Commission needed to assess whether the agreement provided for the proper classification of employees, the payment of wages and conditions, and if it was fair and reasonable in all its terms.

The Fair Work Commission found that the agreement was fair and reasonable in all its terms, despite some minor deficiencies. The Commission noted that the agreement contained all the required terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. While the Commission identified some issues with the classification of employees, it was satisfied that these were minor and did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement under section 231 of the Act.

The Fair Work Commission approved the Lake Imaging Enterprise Agreement (Imaging Staff-Geelong) 2015, subject to the conditions outlined in the decision. The Commission's decision was based on its finding that the agreement was fair and reasonable in all its terms, despite some minor deficiencies. The approval of the agreement ensures that the employees of Lake Imaging will be covered by a legally binding enterprise agreement, which sets out their terms and conditions of employment.

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