Radploy Pty Ltd T/A Lake Imaging

[2023] FWCA 2616

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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Annexure A