Regional Imaging Pty Ltd

[2013] FWCA 3486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regional Imaging Pty Ltd
(AG2013/6426)

REGIONAL IMAGING BORDER AND RIVERINA ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 31 MAY 2013

Application for approval of the Regional Imaging Border and Riverina Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Border and Riverina Enterprise Agreement 2013 (“the Agreement”). The application has been made by Regional Imaging Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any view concerning the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The HSU New South Wales (“HSU”) concurs with the content of the undertakings. The HSU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Regional Imaging Pty Ltd, a company that had entered into an enterprise agreement with its employees. The dispute centred around the application for approval of the Regional Imaging Border and Riverina Enterprise Agreement 2013. The Fair Work Commission was the forum in which this application was brought.

The legal issues before the court were primarily concerned with whether the enterprise agreement was in compliance with the requirements of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the criteria for approval as set out in the legislation. This involved an assessment of the agreement's procedural fairness, its coverage of appropriate bargaining matters, and its alignment with the objectives of the Act.

The court found that the agreement was procedurally fair, having been reached through genuine and good faith bargaining. It also covered appropriate matters, including wages, conditions of employment, and other terms and conditions of employment. The court was satisfied that the agreement would not have an adverse effect on the broader economy or employment conditions. Consequently, the application for approval was successful.

The Fair Work Commission approved the Regional Imaging Border and Riverina Enterprise Agreement 2013. This decision confirmed that the agreement met the legal standards required under the Fair Work Act and was in the best interests of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established