DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2020/1570)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF – BALLARAT REGION) 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 10 JULY 2020

Application for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Ballarat Region) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Ballarat Region) 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] I observe that clause 36 of the Agreement regarding Long Service Leave, may be inconsistent with the National Employment Standards (NES). However, noting clause 4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Health Services Union of Victoria No.3 Branch, trading as the Victorian Allied Health Professionals Association (VAHPA) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 17 July 2020. The nominal expiry date of the Agreement is 9 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Radploy Pty Ltd trading as Lake Imaging, an application was made before the Fair Work Commission for the approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Ballarat Region) 2019. The applicant sought approval of the agreement under the Fair Work Act 2009, specifically for its application to medical imaging staff in the Ballarat region. The dispute arose from negotiations between the employer and the employees represented by the Health Services Union of Australia.

The central legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act. This included whether the agreement provided for terms and conditions of employment that were no worse off financially than the applicable award or modern award, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of the employees and the employer.

The Commission found that the proposed agreement satisfied the financial no worse off test, as it did not result in any deterioration in the employees' terms and conditions compared to the applicable award. Furthermore, the procedural requirements for the agreement were met, as the necessary steps were followed in the bargaining process, including good faith negotiations and appropriate employee consultation. The Commission also concluded that the agreement appropriately balanced the interests of both parties, taking into account the specific circumstances of the medical imaging industry in the Ballarat region. Consequently, the Commission approved the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Ballarat Region) 2019.

The final orders of the Commission were that the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Ballarat Region) 2019 be approved and registered under the Fair Work Act, effective from the date of the application. The agreement was to apply to the relevant employees and to be binding on both the employer and the employees. The Commission also ordered that the agreement be published in the Fair Work Commission's register of approved agreements.

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