DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2018/7352)

REGIONAL IMAGING BORDER AND RIVERINA ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 APRIL 2019

Application for approval of the Regional Imaging Border and Riverina Enterprise Agreement 2018..

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Border and Riverina Enterprise Agreement 2018. (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Regional Imaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Health Services Union New South Wales Branch 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regional Imaging Pty Ltd applied for the Fair Work Commission's approval of the Regional Imaging Border and Riverina Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers' Union, which argued that the proposed agreement did not meet the legal requirements for approval, including the need for the agreement to be certified as a bargain in good faith and to be in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated in good faith and whether it was in the best interests of the employees. The Commission had to consider the negotiation process, the content of the agreement, and its impact on the employees. Additionally, the Commission had to determine whether the agreement met the legal standards set out in the Fair Work Act 2009.

The Fair Work Commission found that the negotiation process had been genuine and that the agreement had been made in good faith. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting that it provided for a fair and reasonable balance of rights and obligations between the parties. The Commission also found that the agreement met all legal requirements for approval, including the need for it to be certified as a bargain in good faith and to be in the best interests of the employees.

The Fair Work Commission approved the Regional Imaging Border and Riverina Enterprise Agreement 2018, finding that it met all legal requirements for approval. The Commission found that the agreement had been genuinely negotiated in good faith and was in the best interests of the employees. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met all legal standards set out in the Fair Work Act 2009.

Regional Imaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established