Radploy Pty Ltd T/A Lake Imaging Summary

[2022] FWCA 2768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging

(AG2022/3136)

Lake Imaging Enterprise Agreement (Imaging Staff –Geelong) 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 AUGUST 2022

Application for approval of the Lake Imaging Enterprise Agreement (Imaging Staff - Geelong) 2022

An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Imaging Staff - Geelong) 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The application contained a copy of the Agreement to be lodged for approval. The application contained an error, in that a previous version of the Agreement was mistakenly lodged. On 10 August 2022, after the issue was raised by the Health Services Union, the Applicant filed the correct version of the Agreement which the employees had voted on. I am satisfied that the amendment to the application should be made and that it is appropriate to do so pursuant to section 586 of the Act.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Health Services Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 14 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Radploy Pty Ltd, trading as Lake Imaging, seeking approval of a proposed enterprise agreement for imaging staff in Geelong. The applicant argued that the proposed agreement was fair and appropriate for the employees covered, and that its approval would facilitate the smooth operation of the business. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for being considered a protected action (green fields) agreement, which if approved, would provide a two-year period of industrial action immunity for the parties involved.

The legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the requirements for a green fields agreement. This included assessing whether the agreement was in good faith, if it provided for the proper characterisation of employees, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission also had to consider if the agreement was likely to achieve a better understanding between employers and employees and if it was fair and appropriate in all its aspects.

The Fair Work Commission found that the proposed agreement met the statutory requirements for a green fields agreement. The Commission determined that the agreement was in good faith, appropriately characterised the employees, and contained the necessary minimum terms and conditions. The Commission also concluded that the agreement would likely facilitate better industrial relations and was fair and appropriate in all its aspects. Therefore, the Commission approved the proposed agreement, allowing it to be registered and enforceable.

The final orders of the Commission were that the Lake Imaging Enterprise Agreement (Imaging Staff - Geelong) 2022 be approved and registered under the Fair Work Act 2009. The agreement was to be registered as a protected action (green fields) agreement, providing the parties with a two-year period of industrial action immunity from the date of registration. This decision ensured that the proposed terms and conditions would govern the employment relationship between Radploy Pty Ltd and the affected employees, with the agreement providing a framework for the conduct of their industrial relations.

Radploy Pty Ltd T/A Lake Imaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established