DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2017/5308)

REGIONAL IMAGING TASMANIA ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT KOVACIC	CANBERRA, 27 MARCH 2018

Application for approval of the Regional Imaging Tasmania Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Tasmania Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regional Imaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Regional Imaging Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2018. The nominal expiry date of the Agreement is 31 July 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regional Imaging Pty Ltd sought approval for the Regional Imaging Tasmania Enterprise Agreement 2017 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at Regional Imaging Tasmania, a provider of medical imaging services in Tasmania. The application was brought before the Fair Work Commission, which has jurisdiction over matters related to employment agreements and industrial relations in Australia.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms, taking into account the principles of the National Employment Standards, and whether it had been genuinely bargained between the employer and the employees. Another key issue was whether the agreement adequately protected the interests of the employees, particularly in terms of pay, conditions, and dispute resolution mechanisms.

The Fair Work Commission considered the evidence presented by both parties and assessed the terms of the agreement against the statutory criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely bargained. The Commission also determined that the agreement adequately protected the interests of the employees. Consequently, the Fair Work Commission approved the Regional Imaging Tasmania Enterprise Agreement 2017, finding it met the necessary requirements under the Fair Work Act 2009.

The Fair Work Commission's decision was communicated in writing, outlining the reasons for approval of the agreement. The Commission also set out the terms of the approved agreement, which would govern the employment relationship between Regional Imaging Tasmania and its employees. This decision provided clarity and certainty for both the employer and employees, ensuring that the terms of the agreement were fair and in compliance with the relevant legislation.

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