Radploy Pty Ltd T/A Lake Imaging

[2023] FWCA 2616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging

(AG2023/2361)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF – WESTERN REGION) 2023

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 17 AUGUST 2023

Application for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Western Region) 2023

An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Western Region) 2023 (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 Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Health Services Union (HSU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 17 August 2023 and, in accordance with s 54, will operate from 24 August 2023. The nominal expiry date of the Agreement is 20 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Radploy Pty Ltd, trading as Lake Imaging, applied to the Fair Work Commission for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Western Region) 2023. The application was contested by the Health Services Union of Australia. The dispute centred around the fairness and compliance of the proposed agreement with relevant industrial laws and standards. The Fair Work Commission was tasked with determining whether the agreement should be approved as a certified agreement under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the procedural fairness of the agreement, the extent to which it met the requirements for good faith bargaining, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement provided fair and reasonable terms for the employees and whether it adhered to the provisions of the Act, including provisions related to minimum wages, leave entitlements, and other employment conditions. The Commission also needed to determine if the agreement was negotiated in good faith and if it provided appropriate protections for employees.

In its decision, the Fair Work Commission found that the proposed agreement was procedurally fair and met the requirements for good faith bargaining. The Commission noted that the agreement provided fair and reasonable terms for the employees, and it complied with the relevant provisions of the Fair Work Act. The Commission highlighted that the agreement addressed key employment conditions, including minimum wages, leave entitlements, and other benefits. The Commission concluded that the agreement was in the best interests of the employees and should be approved as a certified agreement.

Consequently, the Fair Work Commission approved the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Western Region) 2023 as a certified agreement. This decision ensures that the terms of the agreement will apply to the employees covered by the agreement, providing them with a clear framework for their employment conditions. The approval of the agreement resolves the dispute between Radploy Pty Ltd and the Health Services Union of Australia, allowing for the continued operation of the enterprise under the terms of the certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established