DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2017/2161)

REGIONAL IMAGING NORTHERN TERRITORY ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 28 JUNE 2017

Application for approval of the Regional Imaging Northern Territory Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Northern Territory 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 T/A Regional Imaging. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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] United Voice, 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 5 July 2017. The nominal expiry date of the Agreement is 8 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regional Imaging Pty Ltd sought the approval of the Regional Imaging Northern Territory Enterprise Agreement 2017. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application. The dispute was heard in the Fair Work Commission (FWC), a tribunal established under the Fair Work Act 2009 (Cth). The central legal issues revolved around whether the agreement met the statutory requirements for being deemed a low-average complexity agreement, as well as whether the agreement had been negotiated in good faith and if it contained all necessary terms.

The FWC examined the nature of the agreement and the process by which it was negotiated. It considered whether the agreement's complexity was appropriately classified as low-average, as claimed by the applicant. The FWC also assessed whether the negotiation process was conducted in good faith and whether the agreement contained all the required terms, including those related to minimum wages, classification of employees, and other conditions of employment. After reviewing the evidence and submissions from both parties, the FWC concluded that the agreement was appropriately classified as a low-average complexity agreement and that it had been negotiated in good faith and contained all necessary terms.

Consequently, the FWC approved the Regional Imaging Northern Territory Enterprise Agreement 2017. The FWC issued an order approving the agreement, which would now be binding on the parties involved, including the employer and the employees covered by the agreement. The decision underscored the importance of meeting the statutory requirements and ensuring that agreements are negotiated fairly and comprehensively.

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