DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2019/5164)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF - WESTERN REGION) 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western 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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 2 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Radploy Pty Ltd trading as Lake Imaging and the Australian Medical Imaging Staff Association, which is seeking approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western Region) 2019. The application was heard in the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions for the employees covered by it, and whether it complied with the procedural requirements set out in the Act. The Commission considered whether the agreement adequately protected the rights and interests of the employees, and whether there was sufficient evidence of employee support for the agreement. Additionally, the Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith.

In its decision, the Commission found that the proposed agreement did meet the necessary criteria for approval. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, and that it complied with the procedural requirements of the Act. The Commission found that there was sufficient evidence of employee support for the agreement, and that the negotiation process was conducted in good faith. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Lake Imaging Enterprise Agreement (Medical Imaging Staff - Western Region) 2019, effective from the date of the decision. The Commission's decision provides clarity for employers and employees in the medical imaging industry in Western Australia, and sets an important precedent for the negotiation and approval of enterprise agreements in this sector.

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