Radploy Pty Ltd T/A Lake Imaging Summary

[2024] FWCA 2156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Radploy Pty Ltd T/A Lake Imaging

(AG2024/1687)

LAKE IMAGING ENTERPRISE AGREEMENT (MEDICAL IMAGING STAFF – WARRNAMBOOL REGION) 2023

Health and welfare services
COMMISSIONER CONNOLLY	MELBOURNE, 13 JUNE 2024

Application for approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Warrnambool Region) 2023

An application has been made for approval of an enterprise agreement known as the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Warrnambool Region) 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Radploy Pty Ltd T/A Lake Imaging (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 May 2024

The notification time for the Agreement under s.173(2) was 22 June 2023 and the Agreement was made on 9 May 292. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 31 May 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

In particular, issues were raised in relation to Shift Span Definitions and Casual Shift Penalty. The Applicant has made submissions to address these concerns, stating that they do not roster employees (who will be covered by the Agreement) to finish ordinary hours of work between 7am and 8am. Further, that all casual employees engaged are fully qualified and classified at Level 1 or above.

I have accepted these submissions and note that should circumstances change with regard to roster patterns/working arrangements and classifications, the parties may make an application to the Commission for a reconsideration of the BOOT pursuant to s.227A of the Act.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 June 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Warrnambool Region) 2023. The applicant, Radploy Pty Ltd trading as Lake Imaging, sought approval for the agreement which aims to regulate the employment conditions of its staff in the medical imaging sector, specifically within the Warrnambool region. The matter was brought before the Commission by the employer, who argued that the proposed agreement was in the best interests of the employees and necessary for the efficient operation of the business.

The central legal issues that the Commission had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the industrial relations system. Additionally, the Commission considered whether the agreement had been negotiated in good faith and whether it contained appropriate dispute resolution mechanisms.

In reaching its decision, the Commission thoroughly examined the terms of the proposed agreement, taking into account the submissions from both the employer and the employees' representative. The Commission noted that the agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions that were consistent with those provided for in the relevant awards and industry benchmarks. The Commission also considered the evidence presented regarding the negotiation process and found that the agreement had been negotiated in good faith. Furthermore, the Commission was satisfied that the dispute resolution mechanisms provided for in the agreement were appropriate and would facilitate the resolution of any future disputes in a timely and efficient manner.

The Fair Work Commission approved the Lake Imaging Enterprise Agreement (Medical Imaging Staff – Warrnambool Region) 2023, finding that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The Commission determined that the agreement would facilitate the efficient operation of the business while ensuring that the employees' interests were adequately protected. The approval of the agreement will now allow the terms and conditions set out in the agreement to apply to the relevant employees from the effective date specified in the agreement.

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