DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radploy Pty Ltd t/a Lake Imaging
(AG2019/3322)

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

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 OCTOBER 2019

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

[1] Radploy Pty Ltd t/a Lake Imaging has made an application for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Reception Staff - Geelong Region) 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 18 October 2019 and, in accordance with s 54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 18 October 2023.

DEPUTY PRESIDENT

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 approval of an enterprise agreement titled "The Lake Imaging Enterprise Agreement (Medical Reception Staff - Geelong Region) 2019". The application was made under the Fair Work Act 2009, and the relevant parties included the applicant company and the union representing the employees, the Health Services Union of Australia. The primary nature of the dispute was whether the proposed agreement complied with the procedural and substantive requirements of the Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural fairness requirements, specifically if proper consultation and notification processes were followed. Additionally, the Commission had to consider whether the agreement met the substantive fairness test, which involves ensuring that the terms and conditions of employment are reasonable and fair. The Commission also assessed whether the agreement included all mandated minimum terms and conditions as required by the Act.

The Commission found that the procedural fairness requirements were satisfied, as the applicant had engaged in good faith consultation with the union and provided adequate notification to the employees. The substantive fairness of the agreement was also upheld, as the terms and conditions were deemed to be reasonable and fair, taking into account the specific circumstances of the Geelong region. The Commission concluded that the agreement complied with all statutory requirements and approved it accordingly.

The final orders of the Commission included the approval of the Lake Imaging Enterprise Agreement (Medical Reception Staff - Geelong Region) 2019, with the agreement to be registered and enforceable from the date of approval. The Commission also directed that the agreement would be published in the Fair Work Commission’s Register of Approved Agreements, making it accessible to all relevant parties.

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