DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd T/A Lake Imaging
(AG2019/2819)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL RECEPTION STAFF - BALLARAT REGION) 2019

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 18 OCTOBER 2019

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

[1] Application has been made for approval of a single enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Reception Staff - Ballarat Region) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Radploy Pty Ltd T/A Lake Imaging.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

[3] With the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Radploy Pty Ltd, trading as Lake Imaging, applied for the approval of the Lake Imaging Enterprise Agreement (Medical Reception Staff - Ballarat Region) 2019. The applicant sought to have the agreement certified as a single interest enterprise agreement. The applicant argued that the agreement met the necessary criteria for approval, including that it was made in good faith and covered all employees within the relevant bargaining unit. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in accordance with the requirements of the Fair Work Regulations 2009.

The court was required to consider whether the agreement was made in good faith, whether it covered all employees within the relevant bargaining unit, and whether it complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court also had to determine whether the agreement met the necessary criteria for approval, including that it was made without undue interference from either party and that it provided for the resolution of any disputes that may arise during the term of the agreement. The court had to consider any objections or submissions made by interested parties and determine whether the agreement was in the best interests of the employees and the employer.

After considering the evidence and submissions presented by both parties, the court found that the agreement met the necessary criteria for approval. The court was satisfied that the agreement was made in good faith and covered all employees within the relevant bargaining unit. The court also found that the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court determined that the agreement was in the best interests of the employees and the employer and approved the agreement as a single interest enterprise agreement.

The court made an order approving the Lake Imaging Enterprise Agreement (Medical Reception Staff - Ballarat Region) 2019 as a single interest enterprise agreement. The order was made on the basis that the agreement was made in good faith, covered all employees within the relevant bargaining unit, and complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The order also provided for the resolution of any disputes that may arise during the term of the agreement and set out the process for making variations to the agreement.

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