DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2017/1851)

REGIONAL IMAGING TASMANIA NURSES AGREEMENT 2016

Tasmania
COMMISSIONER JOHNS	SYDNEY, 6 JUNE 2017

Application for approval of the Regional Imaging Tasmania Nurses Enterprise Agreement 2016.

[1] On 24 May 2017 Regional Imaging Pty Ltd (Applicant) made an application for approval of the Regional Imaging Tasmania Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 June 2017. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Imaging Pty Ltd applied to the Fair Work Commission for the approval of the Regional Imaging Tasmania Nurses Enterprise Agreement 2016. The applicant is a medical imaging service provider, and the respondents include the Australian Nursing and Midwifery Federation, which represents the nurses employed by the applicant. The dispute arose from the negotiation and subsequent approval of a new enterprise agreement, which was to replace an existing agreement that had expired. The respondents argued that the new agreement did not adequately address various issues concerning pay rates, conditions of employment, and other benefits for the nurses.

The legal issues before the commission involved whether the new enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for a fair and reasonable outcome for the employees. The commission had to determine if the agreement met the "better off overall test" (BOOT), which ensures that the employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the commission examined if the agreement was consistent with the provisions of the Fair Work Act, particularly in relation to the proper process of negotiation and consultation.

The commission found that the new agreement did meet the better off overall test and was consistent with the Fair Work Act. It was determined that the agreement provided for reasonable pay rates and conditions that were not detrimental to the employees. The commission also noted that the negotiation process was conducted in good faith, and the agreement reflected the terms that were negotiated between the parties. Consequently, the commission approved the Regional Imaging Tasmania Nurses Enterprise Agreement 2016.

The final orders included the approval of the agreement, which would now govern the employment terms and conditions of the nurses employed by Regional Imaging Pty Ltd. The agreement was to be registered and would have legal effect from the date of approval. The respondents' objections were dismissed, and the application for approval was granted.

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